Which factor is not required for the business records exception to apply?

Which factor is not required for the business records exception to apply?

• A. The record must be created by a stenographer.
• B. The record is kept in the regular course of business, made at or near the time of the event, and the custodian can testify.
• C. The record must be authenticated by a handwriting expert.
• D. The record must be introduced by stipulation of all parties.

Answer: (B)

The key idea is how the business records exception is established. To admit a business record, you need that the record concerns a matter within the regular course of business, is kept in the regular course, was created at or near the time of the event, and a custodian or other qualified witness testifies to its identity and the method of preparation. Those elements form the foundation. What isn’t required are particular forms or procedures of creation or authentication: the record does not have to be produced by a stenographer, it does not need handwriting expert authentication, and it does not require stipulation by all parties. So, options asserting a stenographer’s creation, handwriting-authentication by an expert, or mandatory stipulation are not required for the exception to apply, while the core foundation described above is.

The key idea is how the business records exception is established. To admit a business record, you need that the record concerns a matter within the regular course of business, is kept in the regular course, was created at or near the time of the event, and a custodian or other qualified witness testifies to its identity and the method of preparation. Those elements form the foundation. What isn’t required are particular forms or procedures of creation or authentication: the record does not have to be produced by a stenographer, it does not need handwriting expert authentication, and it does not require stipulation by all parties. So, options asserting a stenographer’s creation, handwriting-authentication by an expert, or mandatory stipulation are not required for the exception to apply, while the core foundation described above is.