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The Business-Entry Rule: A Key Exception to Hearsay in Law
Definition & Meaning
The business-entry rule is a legal principle that permits the admission of certain business records into evidence, despite being hearsay. This rule applies to documents like reports and memoranda created during the regular course of business operations. The underlying reason for this rule is the assumption that such records are reliable because they reflect routine business activities. However, if there are valid reasons to question the reliability of a record, the rule may not apply. For instance, hospital records can be used to demonstrate a patient's medical history and injuries, even if they contain hearsay information.
Table of content
Legal Use & context
The business-entry rule is primarily used in civil and criminal law contexts. It allows businesses to present their records as evidence in court, which can be crucial in various legal proceedings. Users can manage related forms and procedures through resources like US Legal Forms, which provide templates drafted by attorneys to assist in the documentation process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company submits its sales reports as evidence in a contract dispute. The reports are admitted under the business-entry rule because they were created during normal business operations.
Example 2: A hospital uses patient records to demonstrate the treatment provided to an individual involved in a personal injury case. These records are admissible as they are considered trustworthy due to their routine nature. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation
California
Allows broader admissibility of electronic records.
New York
Requires additional verification for certain types of records.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Hearsay
Testimony or documents not based on a witness's direct knowledge.
Business-entry rule allows certain hearsay records if they meet specific criteria.
Business Record Exception
A broader term for exceptions allowing business records in court.
Business-entry rule is a specific application of this exception.
Common misunderstandings
What to do if this term applies to you
If you believe the business-entry rule applies to your situation, consider gathering relevant business records that meet the criteria outlined above. You can explore US Legal Forms for ready-to-use legal templates to assist you in preparing your documentation. If your case is complex, seeking professional legal assistance may be beneficial.
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