This post answers some frequently asked questions on business records in criminal law.
How are business records considered at a criminal trial?
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.
Does a witness need to testify about business records before they are allowed as evidence in court?
Sometimes. 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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