Here's how I relate this when I teach CDIA+. One the one hand, if I keep all
of my financials scribbled on Post-It notes, and that's how I run my
business, and I can show all my Post-Its from the last 3 years, and they
concur with what's on my income taxes, that's my normal course of business
and there is a certain presumption that if they are good enough to run my
business, they're good enough for the courts. I am not a lawyer and cannot
provide the cite, but I thought that was the entire point behind the
business records exception to the hearsay rule.
On the other hand, let's say that I get a subpoena relating to a project I
worked on a couple of years ago. I have told countless audiences I get c.
300 emails a day. And for other projects I have dozens to hundreds of
emails. And I have non-business-related emails from the project timeframe.
But I have absolutely no emails relating to the project in question. I'd
have a tough time defending their absence because in my normal course of
business I do so much work (and non-work) using email.
Hope this helps - as noted, I am not a lawyer, but I treat normal and
non-normal course of business as exactly what the term states: if I do it
consistently, regardless of how bizarre it might seem to some, it's MY
normal course of business. If I *don't* do it, if it's an exception, that's
not the normal course of business and there's an inherent question in why I
did it that way that time as opposed to how I normally do it.
Cheers,
Jesse Wilkins
[log in to unmask]
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Mullen, James L (SN)
Sent: Tuesday, August 07, 2007 7:05 AM
To: [log in to unmask]
Subject: Re: Normal course of business
Steve,
Can you further define what the lawyers believe non-normal course of
business to be? If it has to do with the business, it's most likely in
the "normal" course. My opinion only and my employer might agree.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jim Mullen, Company Records Specialist
Spirit Aerosystems Inc.
Tech. Services & Process Config., Data & Records
P.O. Box 780008, M/C K32-02
Wichita, KS 67278
(316) 526-0069
[log in to unmask]
http://rim.web.spiritaero.com/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
On Mon, 6 Aug 2007 16:20:37 -0500, Steve Petersen wrote re: Normal
course of business
Alot of the record definitions being used today speak to records created
"
in the normal course of business". Is this really a necessary piece of
the definition ? Can't records created in the non-normal course be
considered records and have to follow the same retention guidelines ?
Does it have to do with relating back to the records when we want to
destroy them and also because of the wording of the new FRCP clauses.
Questions from lawyers :)
Thanks
Steve Petersen CRM>>>
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