What is required for the business records exception to apply?

What is required for the business records exception to apply?

• A. The record must be signed by the author.
• B. The records must be kept by the custodian for a certain period.
• C. The record is kept in the regular course of business, made at or near the time of the event, and the custodian can testify.
• D. The record must be accompanied by an affidavit.

Answer: (C)

The essential requirement is that the record comes from the regular, ongoing business activities and is reliably prepared. For the business records exception to apply, the record must be kept in the regular course of business, made at or near the time of the event, and the custodian (or another qualified witness) must be able to testify to the record-keeping practices and the origin of the information. When those foundations are met—regular business record-keeping, timing near the event, and custodian testimony about how the record was prepared—you can admit the record despite hearsay concerns. Why the other options don’t fit: signed by the author is not required by the rule; retention duration isn’t a fixed element of the exception; and an affidavit isn’t required either.

The essential requirement is that the record comes from the regular, ongoing business activities and is reliably prepared. For the business records exception to apply, the record must be kept in the regular course of business, made at or near the time of the event, and the custodian (or another qualified witness) must be able to testify to the record-keeping practices and the origin of the information. When those foundations are met—regular business record-keeping, timing near the event, and custodian testimony about how the record was prepared—you can admit the record despite hearsay concerns.

Why the other options don’t fit: signed by the author is not required by the rule; retention duration isn’t a fixed element of the exception; and an affidavit isn’t required either.