The Pennsylvania Superior Court and the Wrong Business
When is a business record not a business record. Without sounding silly, it is when it is someone else’s business. That explanation is fundamental and is express in the language of Rule 803(6) which talks of the record of that “activity” (the neutral word for “business”) and implicit in the requirement that the information therein be “by—or from information transmitted by—someone with knowledge.”
November 15, 2024 at 01:04 PM
4 minute read
When is a business record not a business record. Without sounding silly, it is when it is someone else’s business. That explanation is fundamental and is express in the language of Rule 803(6) which talks of the record of that “activity” (the neutral word for “business”) and implicit in the requirement that the information therein be “by—or from information transmitted by—someone with knowledge.” The “someone with knowledge” phrase connotes a member of the activity/business, as only such a person has the duty and the interest of ensuring accuracy and only such a person could meet the criterion that “making the record was a regular practice of that activity.” See Rule 803(6), Pa.R.Evid.
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