Which statement about the foundation for business records is NOT correct?

Which statement about the foundation for business records is NOT correct?

• A. The record was created at or near the time by someone with knowledge
• B. The record was kept in the ordinary course
• C. The record was created by a judge
• D. The record was kept in routine practice

Answer: (C)

The foundation for the business-records exception rests on records that are created or kept in the regular course of business, near the time of the event, and by someone who has knowledge of the facts. A witness such as a custodian or another qualified person testifies about how the record was made and maintained, emphasizing its routine nature and reliability. Creating the record by a judge doesn’t fit this framework. Business records come from the business itself—employees or others involved in daily operations—not from court officials. The elements focus on routine, timely entry by someone with firsthand knowledge, not judicial authorship. So, statements about creation near the time by someone with knowledge, and being kept in the ordinary course or routine practice, align with the rule. The notion that a judge creates the record does not.

The foundation for the business-records exception rests on records that are created or kept in the regular course of business, near the time of the event, and by someone who has knowledge of the facts. A witness such as a custodian or another qualified person testifies about how the record was made and maintained, emphasizing its routine nature and reliability.

Creating the record by a judge doesn’t fit this framework. Business records come from the business itself—employees or others involved in daily operations—not from court officials. The elements focus on routine, timely entry by someone with firsthand knowledge, not judicial authorship.

So, statements about creation near the time by someone with knowledge, and being kept in the ordinary course or routine practice, align with the rule. The notion that a judge creates the record does not.