Thursday, November 02, 2006

Gullible's Travels

Federal Rule of Evidence 803, Advisory Committee Notes

Hearsay Exception for Business Records - "The element of unusual reliability of business records is said variously to be supplied by systematic checking, by regularity and continuity which produce habits of precision, by actual experience of business in relying upon them, or by a duty to make an accurate record as part of a continuing job or occupation. McCormick ยงยง 281, 286, 287; Laughlin, Business Entries and the Like, 46 Iowa L.Rev. 276 (1961). "

Um - the unusual reliability of business records?

Enron-WorldCom-KPMG-Cendant-Tyco say what?

Not that I'd advocate that the rules of evidence be changed to better protect the guilty by erring on the side of excluding business records. But, if we are going to continue to give the confrontation clause meaning, can someone drum up better logic to smuggle these documents over the hearsay barrier?


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