hearsay business & official records

Question 1

803(6) business records

Answer 1

includes act/condition/opinion/diagnosis if made 1) contemporaneously, 2) during regular course of business, 3) making the record itself was a regular practice

Must be shown by testimony of custodian or qualified witness or by certification

AND opponent does not indicate lack of trustworthiness

Question 2

803(8) public record

Answer 2

if sets out the office’s activities

a matter observed while under legal duty to report (excludes maters observed by LEO in crim case)

OR in civ case or against govt in crim case –> factual findings from legally authorized investigation

And opponent does not indicate it lacks trustworthiness

Question 3

803(7) absence of entry

Answer 3

of a regularly conducted activity: if a record was regularly kept for a matter of that kind and admitted to prove that the matter did not occur/exist

and opponent does not show indication of lack of trustworthiness

803(10) for public record

but don’t need exception to show that something isn’t there so don’t actually need to use this

Question 4

902(11)-(12) subpoenas for business records

Answer 4

(11) :The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Must give other party fair opportunity to challenge
(12) Foreign records: must comply with law of country where certification is signed