MBE Rules · Evidence
Business records exception
FRE 803(6)
The rule
A record made at or near the time, by or from information of someone with knowledge, kept in the course of a regularly conducted activity of a business, and the making of the record was a regular practice. Custodian or qualified witness testimony required, OR self-authentication under 902(11)-(12).
In plain English
Business records can be used in court even if they're hearsay, as long as they're made regularly and accurately during business activities.
Worked example
A grocery store's sales log shows a purchase made by the defendant on a specific date. The log is allowed as evidence because it's routinely kept and accurately reflects sales.
Memory hook
Business Buzz: Routine Records Rule. Regularly kept records by knowledgeable employees can dodge hearsay if they follow standard procedure.
The trap
Students think: Any business record qualifies. Wrong, because it must be regularly kept as part of standard practice. The actual test is routine, timely, and by someone with knowledge.
How examiners test it
The MBE loves: a business record made by an outsider or for a one-time event. Trap: assuming it qualifies. The record must be a routine part of business operations and timely.
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