If one party wants to admit an item as being something detrimental to my case how do I get around this business record rule to hearsay? It doesn't seem proper that a party can introduce something without having a live witness to authenticate the evidence as being what it is purported to be.
DUI / DWI Attorney
Recent U.S. Supreme Court caselaw would dictate that if the document were prepared in anticipation of litigation it would be violative of the right to confront - business record or not. Without knowing anything about the document it is difficult to say whether or not an argument could be made that it was prepared in anticipation of litigation.
1 lawyer agrees
If you are in state court, see California Rules of Evidence 1271 and 1272.
If you are in federal court, see Federal Rules of Evidence 803.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
Administrative Law Lawyer
Hearsay that is admissible because of the business record exception to the prohibition of hearsay must nevertheless be authenticated by the testimony of a competent witness to the facts necessary to establish the exception.
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