Since the NPLEx records are created to comply with state statutes, not to investigate a specific case or individual, NPLEx logs are not created for litigation purposes, and they fall under the business record exception to hearsay.
Thus, we find the trial court did not abuse its discretion in finding the NPLEx records fall under the business record exception to hearsay.
Our decision in this case, and on this record, should not be construed as a "green light" for lenders to present a "robo" witness to establish the business record exception. As discussed previously, admission of a business record is predicated on the proponent demonstrating (1) that the record was made at or near the time of the event, (2) that it was made by or from information transmitted by a person with knowledge, (3) that it was kept in the ordinary course of a regularly conducted business activity, and (4) that it was a regular practice of that business to make such a record.
The presence of a contractual or business relationship does not insure that the records kept by the prior business are kept in accordance with the requirements of the business record exception and are reliable.
In applying pre-Williams precedent to autopsy reports, the Second Circuit appropriately abandoned its reliance on the Business Record Exception. (35) While the court pointed to the recent Supreme Court cases of Melendez-Diaz and Bullcoming as the reason for this change, it failed to articulate the larger problem with admitting autopsy reports as business records.
The Second Circuit was correct in no longer relying on the use of the Business Record Exception to admit autopsy reports and corresponding testimony by medical examiners who did not author the reports.
Strickland,s Glaser asked the court to allow records to be admitted under the business record exception
. The patent board rejected the request; they felt there was not a proper foundation for the records.
"The court may consider a police accident report under the business record exception
to the hearsay rule to the extent that it was based upon the personal observations of the police officer present at the scene and under a business duty to make it.
It held that when a forensic laboratory report is offered as evidence in a criminal prosecution and the report's analyst is not called as a witness, then the report cannot be admitted under the business record exception
to hearsay evidence.
Generally, courts have required the following demonstrations of proof to satisfy the business record exception
to the hearsay rule for computer records:
Although the court in King ruled the surveillance video was admissible under the business record exception
to the hearsay rule, the tape was probably not hearsay to begin with.
1984) (admitting report that "fell nearly" within terms of business record exception
) with In re Japanese Elec.