i. Business Records made by Electronic, Optical, or Similar Means (AM 01-7-01-SC, Rule 8)

Business records as exception to the hearsay rule (REE, Rule 8, Secs. 1 & 2)

A memorandum, report, record or data compilation of acts, events, conditions, opinions, or diagnoses, made by electronic, optical or other similar means is an exception to the hearsay rule provided that the following are shown by the testimony of the custodian or other qualified witness:

• That it was made at or near the time of or from transmission or supply of information;
• That it was made by a person with knowledge thereof;
• That it was kept in the regular course or conduct of a business activity; and
• That such was the regular practice to make the memorandum, report, record, or data compilation by electronic, optical or similar means (REE, Rule 8, Sec. 1)

This exception (to the hearsay rule) may be overcome by evidence of the untrustworthiness of the source of information or the method or circumstances of the preparation, transmission or storage thereof. (REE, Rule 8, Sec. 2)