As Business Records

Summary of federal business records exception.  To be admissible under the federal rules, a business record must have been created at or near the time of the acts or events recorded.  It must have been created by, or from information transmitted by, someone with personal knowledge of the facts.  It must also have been a regular practive of the business to make and preserve records of that type.  This foundation must be laid by a custodian of records or other qualified witness.  Records fulfilling these requirements will be admitted unless there is some indication that they are not trustworthy.{footnote}FRE 803(6). {/footnote}  See also BUSINESS RECORDS; DIARIES; MEMORANDA.

Depending upon the circumstances under which they were created and the foundation laid, courts have found some types of notes admissible as business records,{footnote}Magnus Petroleum Co., Inc. v. Skelly Oil Co., 446 F. Supp. 874, 882-83 (E.D. Wis. 1978)(notes of business negotiations).{/footnote}  and others not.

Present Sense Impressions

Contemporaneous notes often fall within the hearsay exception for present sense impressions. {footnote}Phoenix Mutual Life Ins. Co. v. Adams, 30 F.3d 554 (4th Cir. 1994)(notes of telephone conversation regarding change of beneficiary to life insurance policy) ; Cargill, Inc. v. Boag Cold Storage Warehouse, Inc., 71 F.3d 545 (6th Cir. 1995)(manufacturer’s employees’ investigation notes).{/footnote}
 
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HANDWRITING; PROMISSORY NOTES.