Which method satisfies the requirement that the four conditions for Records of a Regularly Conducted Activity be shown?

Which method satisfies the requirement that the four conditions for Records of a Regularly Conducted Activity be shown?

• A. The custodian's testimony
• B. A handwritten note by a clerk with no certification
• C. A newspaper article
• D. A police report

Answer: (A)

The four elements for Records of a Regularly Conducted Activity are satisfied when a foundation is provided that the records were created in the ordinary course of business, at or near the time by someone with knowledge, kept in the regular course of that business, and made as part of the business’s regular practice. The custodian of the records is the standard witness to establish this foundation, confirming who created the records, when they were created, and how they were maintained, so that the records are trustworthy and admissible under the business records rule. A handwritten note by a clerk with no certification fails to establish who created it at the relevant time or to demonstrate that it was kept in the usual course of business. A newspaper article is not a record produced by the business itself and lacks the necessary foundation. A police report might be admissible under other rules, but it does not by itself fulfill the specific four-part foundation required for the Records of a Regularly Conducted Activity. Thus, the custodian’s testimony best satisfies the required showing.

The four elements for Records of a Regularly Conducted Activity are satisfied when a foundation is provided that the records were created in the ordinary course of business, at or near the time by someone with knowledge, kept in the regular course of that business, and made as part of the business’s regular practice. The custodian of the records is the standard witness to establish this foundation, confirming who created the records, when they were created, and how they were maintained, so that the records are trustworthy and admissible under the business records rule.

A handwritten note by a clerk with no certification fails to establish who created it at the relevant time or to demonstrate that it was kept in the usual course of business. A newspaper article is not a record produced by the business itself and lacks the necessary foundation. A police report might be admissible under other rules, but it does not by itself fulfill the specific four-part foundation required for the Records of a Regularly Conducted Activity. Thus, the custodian’s testimony best satisfies the required showing.