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ARTICLE VIII. HEARSAY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Rule 801
Rule 803
803(1)
803(1)(a)
803(1)(b)
803(1)(c)
803(2)
803(3)
803(4)
803(5)
803(6)
803(7)
803(8)
803(21)
803(22)
803(24)
Rule 804
Rule 805
Article X. Contents of Writings, Recordings,
and Photographs

(6) Business records [Changes highlighted]

   (a) Records of regularly conducted activity. A [memorandum, report,] record[, or data compilation,] in any form, [of acts, events, conditions, opinions, or diagnoses,] provided the record is relied upon, made at or near the time of an activity by, or from information transmitted by, a person with knowledge and a business duty to the entity maintaining the record, if kept in the course of a regularly conducted activity, and if it was the regular practice of that business activity to make the [memorandum, report,] record, [or data compilation,] all as shown by the testimony of the custodian or other qualified witness, unless the source of information or method or circumstances of preparation indicate lack of trustworthiness. It is presumed that opinions within business records satisfy the requirements of Rules 702 & 703. This presumption shifts only the burden of production to the opposing party. The term "business" as used in this paragraph includes [business, institution, association, profession, occupation, and] callings of every kind, whether or not conducted for profit.

   [(7)] (b) Absence of entry in records kept in accordance with the provisions of paragraph [(6)](a). [Moved from Current Rule 803(7)] Evidence that a matter is not included in [the memoranda, reports,] records,[ or data compilations, in any form, ]kept in accordance with the provisions of paragraph [(6)](a), to prove the nonoccurrence or nonexistence of the a matter, if the matter was of a kind which an [memorandum, report, record or data compilation] entry was regularly made and preserved, unless the sources of the information or other circumstances indicate lack of trustworthiness.

Click here to see commentary on Revised Rule 803(6).

(6) Business records

   (a) Records of regularly conducted activity. A record in any form, provided the record is relied upon, made at or near the time of an activity by, or from information transmitted by, a person with knowledge and a business duty to the entity maintaining the record, if kept in the course of a regularly conducted activity, and if it was the regular practice of that business activity to make the record, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or method or circumstances of preparation indicate lack of trustworthiness. It is presumed that opinions within business records satisfy the requirements of Rules 702 & 703. This presumption shifts only the burden of production to the opposing party. The term "business" as used in this paragraph includes callings of every kind, whether or not conducted for profit.

   (b) Absence of entry in records kept in accordance with the provisions of paragraph(a). Evidence that a matter is not included in records, kept in accordance with the provisions of paragraph(a), to prove the nonoccurrence or nonexistence of a matter, if the matter was of a kind which an entry was regularly made and preserved, unless the sources of the information or other circumstances indicate lack of trustworthiness.

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