One requirement of the business records exception to the hearsay rule is that the
business records must be made and kept in the course of a regularly conducted business activity. This means that for a document to qualify as a business record, it must be created and maintained as part of the normal operations of a business.
To determine if a document meets this requirement, you need to follow these steps:
1. Identify the document: Start by identifying the specific document in question. For example, if it is a sales receipt, make sure you have a copy of the receipt.
2. Determine the source: Find out where the document originated from. Was it created by an employee or representative of the business? Was it generated as part of an everyday business activity?
3. Assess the regularity of the business activity: Consider whether the activity that resulted in the document is part of the regular course of business. Does the business regularly engage in this activity? For example, if the document is a sales receipt, selling products is likely a regular activity for most businesses.
4. Analyze the manner of preparation: Examine how the document was prepared. Was it created using established and standard procedures? Was there a standardized format or template used? If the document was prepared in a consistent and systematic manner, it increases the likelihood that it meets the requirement of being made and kept in the course of a regularly conducted business activity.
5. Evaluate the reliability and trustworthiness: Assess the reliability and trustworthiness of the document. Is there any reason to doubt its accuracy or authenticity? If there are concerns about the document's reliability, it may not meet the requirement for the business records exception to the hearsay rule.
By following these steps and considering the specific circumstances surrounding the document in question, you can determine if it meets the requirement of being made and kept in the course of a regularly conducted business activity for the purpose of the business records exception to the hearsay rule.
business records must be made and kept in the course of a regularly conducted business activity.
The requirement that the business records must be made and kept in the course of a regularly conducted business activity ensures that the records are reliable and trustworthy. It means that the records were created as part of the normal operations of the business and not for the purpose of litigation or to support a particular legal claim.
To meet this requirement, the business must have a routine practice of creating and maintaining such records. This practice must be systematic and uniform so that it can be reasonably relied upon. The records should also be kept in the ordinary course of business and not in anticipation of litigation. This helps to ensure that the records are maintained for business purposes rather than for purposes of litigation strategy.
In summary, one requirement of the business records exception to the hearsay rule is that the records must be made and kept in the course of a regularly conducted business activity to guarantee their reliability and authenticity.