In the U.S. Federal Rules of Evidence, Rule 803 (6) permits an exception
to the Hearsay Rule regarding business records and computer records.
Which one of the following is NOT a requirement for business or
computer records exception under Rule 803 (6)?
A.
Relied upon in the regular course of business
B.
Made by a person with information transmitted by a person with
knowledge
C.
Made only by a person with knowledge of the records
D.
Made during the regular conduct of business and authenticated by
witnesses familiar with their use
Explanation:
The business or computer records may be made by a person with
information transmitted by a person with knowledge, also. The
other answers are requirements for exceptions to the Hearsay Rule.
Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, “Sally told me Tom was in town,” as opposed to “I saw Tom in town,” which is direct evidence. Hearsay is not allowed as evidence in the United States, unless one of about thirty eight[1] exceptions applies to the particular statement being made.
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