Simple English definitions for legal terms
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The business record exception is a rule that allows certain records from an organization to be used as evidence in court, even if they would normally be considered hearsay. To qualify, the records must be written by someone with first-hand knowledge of the event, made as part of their job, and kept in the normal course of business. They must also be trustworthy and not self-serving. This exception is important in business litigation, but it can be tricky to apply correctly.
The business record exception is a legal rule that allows certain records to be admitted as evidence in court, even if they would normally be considered hearsay. This exception is important in business litigation, as it allows parties to use records created by their own organization to prove their case.
To qualify for the business record exception, a record must meet several requirements:
For example, if a company is being sued for breach of contract, it may use its own records of the contract and its performance to prove that it fulfilled its obligations. These records would likely qualify for the business record exception, as they were created by employees with first-hand knowledge of the contract and were made in the normal course of business.
It's important to note that the business record exception only applies to records created by an organization. If a party wants to use records created by someone outside the organization, they may need to rely on a different exception to the hearsay rule.