CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Computer-Generated Evidence
......Possible Objections
.........Hearsay
............Absence of Record Exception
5 Cards On This Topic:
  • Absence of a business record may be admissible as exception to hearsay rule when offered to prove nonoccurrence of act or event, or nonexistence of condition.
  • Government properly established D's failure to file tax returns through computer-generated evidence.
  • Absence of entry in computer business records admitted to prove event did not occur.
  • Printouts of tax records certified by Secretary of Treasury properly admissible. "Data compilation" includes electronic storage.
  • Absence of entry in business records as exception to hearsay rule.