business record exception to the hearsay rule

• State v. Breckenridge, (Ohio 2006)

Appellant's convictions for Medicaid fraud were not against the manifest weight of the evidence and trial court did ot err in admitting calendar under Evid.R. 603(6) as business record exception to the hearsay rule.

• Ohio Supreme Court

• State v. Crager, (Ohio 2005)

Upon review of the record, we find that Duvall’s report should not have been admitted under the business record exception to the hearsay rule and that Weichman did not have personal knowledge of the actual DNA tests performed. Accordingly, we sustain Crager’s second assignment of error and reverse the judgment of the trial court.

• Ohio Supreme Court

• State v. Call, (Ohio 2005)

Trial court abused its discretion when it excluded evidence of Defendant’s record of child support payments, or non-payments, for lack of a foundation, when the record was admissible under the business records exception to the rule against hearsay, Evid.R. 803(6); therefore, the child support clerk could, as she did, testify from that record, and her testimony established a non-support of his dependant of which Defendant was convicted. Judgment affirmed. (J. Fain concurring.)

• Ohio Supreme Court

• Maryland Court of Special Appeals Case Summaries: July 17, 2011

Administrative Law Discovery

...Both parties filed exceptions to the ALJ's proposed decision. The Board upheld t... granting the prosecutor's motion, the ALJ ruled that the summary of Tabb's experts' testimony foun... if the record fits within Maryland's business record's exception to the hearsay rule, such state...

• The Daily Record (Baltimore)
• July 24, 2011

• U.S. v. Keck, (10th Cir. 2011)

...DEA agents also recorded Keck negotiating drug prices and involving his 17-... the phone records fell under the business-records exception to the hearsay rule, F ED . . R....

• Federal Circuits

• Wrestling With MRE 304(G): The Struggle to Apply the Corroboration Rule

... of the corpus delecti rule with the exception of Massachusetts. 22 Moreover, while English cou... Court found independent evidence in the record to support Opper's statements which was sufficient...139 The drug screen results were hearsay. 130. See United States v. Smith, 348 U.S. 147 (1... results under MRE 803(6) 141 as a "business record" exception to the hearsay rule. The drug s...

• Military Law Review
• Nbr. 178, December 2003

• Florida Appellate Court Restricts Foreclosure Summary Judgment Affidavit From Bank That Relies On Data From A Computer System As Inadmissible Hearsay

...)—that strictly applied the business records exception in a residential foreclosure case. The c... business records exception to the hearsay rule under Florida law. While the Borrowers admitted th...

• Mondaq Business Briefing
• United States Law Articles in English

• Knight v. Kellogg Brown & Root, (5th Cir. 2009)

... inadmissible as unauthenticated business records and, even if the documents were considered... new trial--construed as a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure--pre...7859 Documents were inadmissible as hearsay because they constitute unauthenticated business r... contended that the business record exception still did not apply to the Project No. 7859 Docume...

• Federal Circuits

• USA v. Michael Reese, (7th Cir. 2012)

... of Beny Garneata, a City of Chicago businessman, and admitting the list itself. Reese also argues ... erred by barring the admission of recordings between Reese and Catherine Romasanta, one of the ... the list because (1) it was prejudicial Rule 404(b) evidence; (2) the 2005 gift list did not co...R. Evid. 803(6) (business record exception to the hearsay rule). A qualified witness need not...

• Federal Circuits

• High Court finds ambulance record inadmissible as evidence of fall into concrete drain.

... JJ) looked at the ambulance record as hearsay evidence and therefore not admissible, but in turn... of s69 of the Act which provides an exception to the hearsay rule where the hearsay is contained...

• Mondaq Business Briefing
• Nbr. 2011, January 2011