Michigan

Business Records Can Be Admissible Evidence In Michigan Business Litigation

We all know how unreliable hearsay can be. The legal system recognizes this unreliability by providing for the exclusion of hearsay evidence from both criminal and civil trials. In Michigan, this exclusionary rule is contained in Michigan Rule of Evidence 802.

However, there are exceptions to the general rule that excludes hearsay evidence. The rationale behind these exceptions is that in certain situations hearsay evidence can be very reliable and should be allowed as evidence in court proceedings. One of these exceptions is what is commonly known as the "business records" exception. In Michigan, this exception is contained Michigan Rule of Evidence 803(6). To qualify for this exception, the business record must meet a number of requirements.

First, it must be some form of memo, report, record or other data compilation of an act, transaction, occurrence, event, condition, opinion, or diagnosis that is made at or near the time of that act, etc. by a person with knowledge. Second, the record must be kept in the course of a regularly conducted business activity. Third, it must be the regular practice of the business activity to make the record.

This rule of evidence provides that the definition of a "business" includes businesses, institutions, associations, professions, occupations, and callings of every kind, even if they are not conducted for profit.

The "business records" exception to the hearsay rule can provide a way to have crucial evidence admitted in court proceedings. It is important for any Michigan business or entrepreneur who is faced with a court proceeding, whether as a plaintiff or defendant, to have an experienced and knowledgeable Michigan business litigation attorney who can help them present their case and protect their interests.

Full post as published by Michigan Business Lawyer Blog on August 06, 2008 (boomark / email).