CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Writings
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Business Records
.........In General
9 Cards On This Topic:
Business records exception to hearsay rule summarized.
Business record is admissible over hearsay objection.
"Business" is broadly defined.
Patients (Ps) at fertility clinic who believed another couple's twins resulted from P Wife's eggs, had no standing to sue where they presented unauthenticated hearsay evidence not satisfying business records exception.
In K dispute re delivery of chickens, trial court's blanket exclusion of Ps' proferred documents was error, where most were adequately authenticated and not subject to any legitimate hearsay objection.
Business record may contain both admissible and inadmissible evidence.
Prom. Note is not business record but operative contractual document admissible on adequate evidence of authenticity. Note Ledger not admissible over hearsay objection.
Business records exception to federal hearsay rule.
Customer-provided info on Western Union forms may fall under FRE 801(d)(2)(A) or (E) hearsay exceptions; "catchall" exception inapplicable as no guarantees of trustworthiness.