hearsay: records

Question 1

cec 1270 business defined

Answer 1

business includes every kind of business/occupation/profession, including govt activity

Question 2

cec 1271 business record

Answer 2

also must be made in regular course of business, must be contemporaneous, custodian or other qualified witness testifies to its identity/how prepared AND above 3 must indicate its trustworthiness

excludes police & accident reports where they are to show observations or accounts of people who have no business duty to report to police. But if officer has duty to report to someone else about their own finding it will be admissible (include some police reports)

does not explicitly include opinion or diagnosis, but they are limited to readily observable conditions. So something like a medical diagnosis will be excluded

Question 3

cec 1280 public record

Answer 3

public records

if sets out the office’s activities; a matter observed while under legal duty to report (excludes matter observed by LEO in crim case) OR in civ case or against govt in crim case, factual findings from legally authorized investigation

no exclusion of police reports