What is the test for establishing a proper foundation for admitting a record under the business records exception?

California, United States of America


The following excerpt is from People v. Ravaglia, A149657 (Cal. App. 2019):

" 'The foundation for admitting the record is properly laid if in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.' " (People v. Zavala (2013) 216 Cal.App.4th 242, 246.) "A trial judge is vested with wide discretion in determining whether a proper foundation has been laid for admission of business records under the business records exception. [Citation.] 'Where the trial court has determined that the foundation laid was sufficient to support the introduction of evidence under the business records exception, and the record reasonably supports this determination, its conclusion is binding on the appellate court.' [Citation.] Determining whether a proper foundation has been laid for the admission of business records under Evidence Code section 1271 is within the trial court's discretion and 'will not be disturbed on appeal absent a showing of abuse.' " (Id. at pp. 245-246.)

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