AVAILABILITY IMMATERIAL—RECORDS OF REGULARLY CONDUCT ACTIVITY (FRE 803(6) and 803(7))

Question 1

FRE 803 Hearsay Eceptions: Availibilty of Declarent Immaterial:

FRE 803 (6) Records of Regualrly Conduct Activity.

Answer 1

Question 2

FRE 803 Hearsay Eceptions: Availibilty of Declarent Immaterial:

(7) Absence of entry in records kept in accordance with the provisions of
paragraph (6).

Answer 2

(7) Absence of entry in records kept in accordance with the provisions of
paragraph (6).

 * Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

Question 3

FRE 902 Self- Authentication

Answer 3

Question 4

C. Justification for Business Records Exceptions

Answer 4

1. Need—often, there is an extraordinary need if you are going to ever prove the facts you wish to prove
2. Routineness—usually, the actors responsible for preparing the business record admissible under FRE 803(6) is
   likely to be reliable.
3. Company Reliance—Stensvaag makes the point that there is a business duty to record accurately—in fact, if
   the companies rely on the records, then why shouldn’t the courts?

Question 5

D. Requirements to Meety Business Exceotion Rule

Answer 5

“Requirements to Meet Business Exception Rule
1. Must be a Record of “Regularly Conducted Business Activity”

  a.     Does not include records of a purely personal nature

2. Record Must be “Regularly Kept”

   a.     Records made for pending litigation are usually excluded if they are not routinely made
   
   b. And each person who participates in making the record, to qualify for the exception, must act in the route of business—there is a “multiple hearsay” problem involving records from more than one person

3. The Source of Information Must have First Hand Knowledge Meeting FRE 602

    a.     The source must have first hand knowledge, but others along the chain of transmission, including the person who physically makes the record, need not have such knowledge

4. Recordation Must be Contemporaneous with the Event or Occurrence”

Question 6

E. Application of the Rule of FRE 902

Answer 6

Question 7

Dangers- BEWARE OF HEARSAY WITHIN HEARSAY

Answer 7

Hearsay within hearsay will be admissible if the irginal stament is made in context of a busniess setting and it gets recorded in such a setting as well.

Question 8

Cases

Answer 8