GLF Summary Series Video: Hearsay Exception Absence of Record of Regularly Conducted Activity
We dropped a new video summary of an exception to the hearsay rule known as the rule about “The Absence of Regularly Conducted Activity.” It is found in Federal Rule of Evidence 803(7).
Please recall that ‘‘Hearsay’’ refers to a statement that is not made while testifying at the current trial or hearing and is offered into evidence to prove the truth of the matter asserted in the statement.
A ‘‘statement’’ is what a person said or wrote but also includes nonverbal conduct, if the person intended the conduct as an assertion.
The General Rule is that Hearsay statements are not admissible in court.
Exception of Rule 803(7): The absence of a record of an act, event, condition, opinion or diagnosis is not hearsay if certain conditions are met.
Evidence that a matter is not included in a record of regularly conducted activity is not hearsay if: the evidence is admitted to prove that the matter did not occur or exist; a record was regularly kept for a matter of that kind; and the opponent does not show that the possible source of the information or other circumstances indicate a lack of trustworthiness.
One Example is where there was no record of any verbal or written request from an inmate to move out of the cell he shared with another because he feared for his life, “[t]he absence of business records can be used as evidence to prove the nonexistence of such a record.”
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