Evidence: Hearsay: Exceptions: Business and Public Records

    • Business and Public Records – Allows admissions of records of a business (any type, including public agencies) made in the regular course of business. The business must regularly keep such records made contemporaneously and the record consists of information observed by employees of the business.
      • Public Records – Federal Rule: In addition to observations by employees of the public agency, the record may include conclusions by public employees after an official investigation.
        • BUT (important exception): A police report may not be offered against the defendant in a criminal case.
      • Foundation for Business Records:
        • Live testimony – Call a knowledgeable witness (a custodian of records) who can testify to the 5 elements required to meet the exception.
        • Affidavit – Submit a written certification under oath attesting to elements required to meet the exception.