What foundation is required to admit a business records exception to hearsay?

What foundation is required to admit a business records exception to hearsay?

• A. The record is created by random individuals
• B. The record was made at or near the time by someone with knowledge; kept in routine practice and kept in the ordinary course
• C. The record must be notarized
• D. It can be older than 10 years

Answer: (B)

The foundation for admitting a business records hearsay exception rests on showing the record was created and kept in the regular course of a business. Specifically, the record must be made at or near the time of the event by someone with knowledge, in the ordinary course of the business, and kept in its routine practice. This combination ties the document to the business’s actual operations and reliability, rather than to some informal note created just for litigation. A custodian or another qualified witness can testify that these conditions are met. Notarization isn’t required, and there’s no fixed age limit like “older than 10 years” for the record to qualify. The essential point is that the record arises from the business’s regular activities and is made by someone with knowledge at or near the time of the event.

The foundation for admitting a business records hearsay exception rests on showing the record was created and kept in the regular course of a business. Specifically, the record must be made at or near the time of the event by someone with knowledge, in the ordinary course of the business, and kept in its routine practice. This combination ties the document to the business’s actual operations and reliability, rather than to some informal note created just for litigation. A custodian or another qualified witness can testify that these conditions are met. Notarization isn’t required, and there’s no fixed age limit like “older than 10 years” for the record to qualify. The essential point is that the record arises from the business’s regular activities and is made by someone with knowledge at or near the time of the event.