CONSIDERATION OF BUSINESS RECORDS
This post will answer the following legal questions on consideration of business records:
When are jurors allowed to consider business records?
Jurors are allowed to consider business material only when all of the following have been proven beyond a reasonable doubt:
If these four elements have NOT been proved 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 business 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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