business records exception

• Matrix Acquisitions, L.L.C. v. Swope, (Ohio 2011)

CIV.R. 56(E); HEARSAY IN AFFIDAVITS; BUSINESS RECORDS EXCEPTION; CREDIT CARD ACCOUNT.

• Ohio Supreme Court

• Ohio Receivables, L.L.C. v. Williams, (Ohio 2013)

Trial court erred in allowing plaintiff, who was the assignee of a debt, to rely on business records of the original assignor in support of assignee’s motion for summary judgment, without requiring the assignee to properly establish the elements of the business records exception to the hearsay rule as to the circumstances surrounding the creation of assignor’s documents. Judgment reversed and case remanded for further proceedings. (Hall, J., concurring.)

• Ohio Supreme Court

• 'God mail': authentication and admissibility of electronic mail in federal courts.

The courts must face up to the problems of electronic mail and find a way to authenticate it under than the Rule 901 standards still used in the mid-1990s. The Federal Rules of Evidence do not directly deal with the reliability of computer evidence and only have had to address its admissibility with the business records exception of the hearsay rule. Due to the exponential growth of the Internet, courts will be sure to have to deal with the admissibility of e-mail which is not a business record and with authentication rules for such evidence under the Federal Rules of Evidence.

• American Criminal Law Review
• Vol. 34 Nbr. 4, June 1997

• State v. Sherrills, (Ohio 2008)

Unauthorized use of computer; business records exception; manifest weight of the evidence.

• Ohio Supreme Court

• U.S. v. Blechman, (10th Cir. 2011)

... at trial showed that Yass operated a business that he used to temporarily halt home foreclosures... Yass, Public Access to Court Electronic Records ("PACER") records suggesting that Blechman accesse... them under the business records exception to the hearsay rule. See ...

• Federal Circuits

• In re D.D., (Ohio 2010)

hearsay – business records exception – Evid.R. 803(6) – dependent – neglected – abused – clear and convincing evidence – manifest weight of the evidence

• Ohio Supreme Court

• Jefferson v. CareWorks of Ohio, Ltd., (Ohio 2011)

The trial court did not err in excluding medical records from evidence because the physician who made the records did not testify at trial and no authenticating witness was offered to qualify the medical records under the business records exception to the hearsay rule. The trial court did not err in excluding certain evidence that had been admitted before the Industrial Commission and the record of the Industrial Commission's findings because these items are irrelevant when a court conducts a de novo review following an appeal from an Industrial Commission decision. Directed verdict for appellee affirmed on the basis that appellant presented no expert medical testimony because appellant's claim involved internal injuries with no external manifestation, and in such cases expert medical...

• Ohio Supreme Court

• Md. Court of Appeals Upholds Conviction in Catonsville Murder

Allowing one medical examiner to testify at trial to the contents of an autopsy report prepared by another does not violate the defendant's right to confront a witness - as long as the testimony is based on objective observations, the Court of Special Appeals has held. [U]nder the business records exception to the hearsay rule, the usual practice continues to be that an autopsy report may be admitted into evidence without testimony of its author, Judge Arrie W. Davis wrote for the court.

• The Daily Record (Baltimore)
• January 31, 2005

• State v. Jackson, (Ohio 2008)

Criminal Law - effective assistance of counsel, evidence of drug house, foundation for Evid.R. 803(6) business records hearsay exception, castigation of counsel, jury instruction on complicity, aggregate sentence for complicity to traffic in drugs and pos

• Ohio Supreme Court

• State v. Brown, (Ohio 2006)

CRIMINAL – illegal conveyance of prohibited items onto the grounds of a detention facility or institution; pro se defendant; discovery violation; Crim.R. 16(E)(3); sanction; hearsay; Evid.R. 803(6); business records exception; authentication; affidavit; manifest weight of the evidence.

• Ohio Supreme Court