BUSINESS RECORD EXCEPTION Meaning and
Definition
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The "business record exception" refers to a legal doctrine that allows for the admission of certain records or documents as evidence in court proceedings, even if they would typically be considered hearsay. Under this exception, business records that are made and maintained in the normal course of business may be admitted as evidence in court without the need for live testimony from the individuals who created the records.
To meet the requirements of the business record exception, a document must satisfy certain criteria. Firstly, it must be created by an individual with personal knowledge of the facts recorded, and be made at or near the time of the event or transaction it relates to. Secondly, the record must be kept in the regular course of business and be a routine practice of the organization. It should also be necessary for the organization's operations, such as financial records, invoices, contracts, or employee attendance registers.
This exception serves the purpose of expediting legal proceedings by allowing the court to admit reliable and accurate business records as evidence, reducing the need for individuals to testify and thereby preventing unnecessary delays and costs. The business record exception is widely recognized and applied in civil and criminal cases, provided that the records meet the foundational requirements mentioned above and are deemed trustworthy by the court.
