CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Writings
......Business Records
.........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.