Evidence · Business Records
Clear answer to: Who Has The Burden Of Proof For Business Records in Evidence? with key cases, examples, and exam tips for law students.
The proponent of the business record generally bears the burden of proof to establish that the record meets the requirements of admissibility under Rule 803(6) of the Federal Rules of Evidence.
In legal contexts, the business records exception allows certain documents to be admitted as evidence even if they would typically be excluded due to hearsay rules. Under Federal Rule of Evidence 803(6), the proponent of the evidence—typically the party wishing to introduce the business record—has the burden of proving that the record is trustworthy and falls within the defined criteria of a business record. This includes evidence showing that the record was made at or near the time of the event by someone with knowledge, that it was kept in the course of a regularly conducted activity, and that it was a regular practice of that activity to make such records.
The burden of proof here does not require proving the truth of the matter asserted in the record, but rather establishing the foundational elements that allow for its admission. If a business record is successfully admitted into evidence, then the contents of that record may be considered by the jury or judge, albeit the opponent may still challenge the accuracy or credibility of those contents.
Court rulings such as *United States v. Velez* highlight instances where the court found that the failure to meet the admissibility requirements led to the exclusion of vital business records. Thus, the proponent must prepare ample evidence to fulfill this initial burden before the record can be officially considered in the proceedings.
Additionally, if the opponent of the record contests its admission, they may also present counter-evidence to challenge the reliability of the business record, adding a layer of complexity regarding who has effectively met their burden as the case progresses.
A company lawyer attempts to introduce a sales report compiled by the company’s accounting department. To meet the burden of proof, the lawyer needs to show that the report was made by someone who was involved in the sales process, that it was created at or near the time of the sales, and that it is standard practice for the company to create such reports. If challenged, the defendant could argue that the report lacks verification of the sales figures.
This topic often appears in exams as a hypothetical scenario where students must identify who bears the burden of proof for business records and the related foundational requirements for admissibility.