CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Writings
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Business Records
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Requirements
............Qualified Witness for Identity & Prep
7 Cards On This Topic:
Nonprejudicial error to admit store receipt for bubblebath found in D's car under business records exception where Agent was not a qualified witness in lieu of the custodian of records.
Witness must testify to method of preparation of record and sources of information in record.
Computerized data retrieval properly admitted even though custodian unfamiliar with software or hardware; custodian's qualifications discussed.
Naval records inadmissible without proper foundation.
Declaration of physician in support of summary judgment motion inadmissible without proper foundation.
Business record admitted with proper foundation in criminal case.
Custodian does not have to be witness as long as witness otherwise qualified.