Continuing my series on commonly used hearsay exceptions, we arrive, in this post, at the business records exception. This one comes up a lot in criminal cases. Here are the basics. Covered Records. The exception applies to “a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses.” N.C. R. EVID. 803(6) Made at or Near Time of the Event, Etc. The records must be made “at or near the time” of occurrence. N.C. R. EVID. 803(6). If the records themselves show that they were made then, they are self-authenticating in this regard. See, e.g., State v. Frierson, 153 N.C. App. 242, 247-48 (2002) (restaurant’s deposit slips and validation reports were self-authenticating). When the records aren’t dated, witness testimony can provide the required foundation. See, e.g., State v. Tyler, 346 N.C. 187, 204-05 (1997) (nurse testified that medical records were created contemporaneously with victim’s care). Knowledge. The record must have been made by or from information transmitted by “a person with knowledge.” N.C. R. EVID. 803(6); see, e.g., State v. Scott, 343 N.C. 313, 333-34 (1996) (domestic violence shelter intake form completed by the victim was admissible; it was completed at an employee’s direction, getting the form was regular shelter practice, and the employee saw the victim complete the form); see also State v. Marshall, 94 N.C. App. 20, 34 (1989) (information on a pretrial release record was completed by the defendant). Made in the Regular Course of Business. The record must have been made [...]
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