CONSIDERATION OF BUSINESS RECORDS
This post answers the following legal questions on consideration of business records:
When may jurors consider these records?
If the Commonwealth does not prove these elements beyond a reasonable doubt, then the jury cannot consider the content of the records in question in any way.
Can a judge require that the party offering the records into evidence call a witness as a condition of admissibility?
YES, a trial judge may, as a condition to admissibility of business records, require the party offering the business records into evidence to call a witness who has personal knowledge of the facts stated in the record. Such a witness may be necessary to establish the foundation required to find that a document constitutes a business record.
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