CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Writings
......Business Records
.........Requirements
............Indications of Trustworthiness
9 Cards On This Topic:

Requirement for indicia of reliability.

Unsworn, unauthenticated medical report not in evidence in prior felony trial and having no foundation to support hearsay exception, was inadmissible to contradict prior V's testimony re her injury.

Prejudicial error to admit police computer system data re sex crimes in crim. trial under business records hearsay exception.

Although computer data may properly be admitted as business record without breaking best evidence rule, court here abused discretion in admitting it.

Missing records from business files do not necessarily impair accuracy of those remaining.

Custodian's EC 1560-61 declaration insufficient to guarantee records produced will be admissible; proponent must also comply with Evid. Code §1271.

Witness must testify to method of preparation of record and sources of information in record to establish trustworthiness.

Other exceptions to hearsay rule may add reliability.

Judge has broad discretion in admitting business records; foundation inferable from circumstances.