On 6/23/06, John Montaņa <[log in to unmask]> wrote:
> There is no such thing as an inadmissible format. The only requirements for
> admission are that the record be:
>
> 1. made at or near the time of the event recorded;
> 2. by a person with knowledge of the transaction, or with information
> received by a person with knowledge of the transaction (or in the case of
> automatically generated records, by a process that accurately records
> details of the transaction);
> 3. as a record made in the normal course of business;
> 4. as part of a regular system of records.
and the best thing to do is to bookmark the following links for the
Federal Rules of Evidence which provides the detail for what John
wrote above
Rule 803 Hearsay Exceptions
(business records are considered to be hearsay)
(6) Records of regularly conducted activity. A memorandum, report,
record, or data compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, made at or near the time by, or from
information transmitted by, a person with knowledge, if kept in the
course of a regularly conducted business activity, and if it was the
regular practice of that business activity to make the memorandum,
report, record or data compilation, all as shown by the testimony of
the custodian or other qualified witness, or by certification that
complies with Rule 902(11), Rule 902(12), or a statute permitting
certification, unless the source of information or the method or
circumstances of preparation indicate lack of trustworthiness. The
term "business" as used in this paragraph includes business,
institution, association, profession, occupation, and calling of every
kind, whether or not conducted for profit.
http://www.law.cornell.edu/rules/fre/rules.htm#Rule803
Rules 902(11) and Rule 902(12)
(11) Certified domestic records of regularly conducted activity. The
original or a duplicate of a domestic record of regularly conducted
activity that would be admissible under Rule 803(6) if accompanied by
a written declaration of its custodian or other qualified person, in
a manner complying with any Act of Congress or rule prescribed by the
Supreme Court pursuant to statutory authority, certifying that the
record:
(A) was made at or near the time of the occurrence of the matters set
forth by, or from information transmitted by, a person with knowledge
of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice.
A party intending to offer a record into evidence under this paragraph
must provide written notice of that intention to all adverse parties,
and must make the record and declaration available for inspection
sufficiently in advance of their offer into evidence to provide an
adverse party with a fair opportunity to challenge them.
(12) Certified foreign records of regularly conducted activity. In a
civil case, the original or a duplicate of a foreign record of
regularly conducted activity that would be admissible under Rule
803(6) if accompanied by a written declaration by its custodian or
other qualified person certifying that the record:
(A) was made at or near the time of the occurrence of the matters set
forth by, or from information transmitted by, a person with knowledge
of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice.
The declaration must be signed in a manner that, if falsely made,
would subject the maker to criminal penalty under the laws of the
country where the declaration is signed. A party intending to offer a
record into evidence under this paragraph must provide written notice
of that intention to all adverse parties, and must make the record and
declaration available for inspection sufficiently in advance of their
offer into evidence to provide an adverse party with a fair
opportunity to challenge them.
http://www.law.cornell.edu/rules/fre/rules.htm#Rule90211
--
Peter Kurilecz CRM CA
Richmond, Va
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