Is evidence of a writing made as a business record not inadmissible by the hearsay rule?

California, United States of America


The following excerpt is from Bokkes v. Plotkin, G052085 (Cal. App. 2016):

Section 1271 provides, "Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if: [] (a) The writing was made in the regular course of a business; [] (b) The writing was made at or near the time of the act, condition, or event; [] (c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and [] (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness." "The proponent of the evidence has the burden of establishing trustworthiness. [Citations.] The trial court, however, has '. . . wide discretion in determining whether sufficient foundation is laid to qualify evidence as a business record. On appeal, exercise of that discretion can be overturned only upon a clear showing of abuse.' [Citation.]" (People v. Beeler (1995) 9 Cal.4th 953, 978-979.)

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