Business Records Exception to the Hearsay Rule

Under Georgia law, the business records exception to the hearsay rule allows business records to be admitted into evidence without requiring the testimony of the person who created them. This exception is codified under O.C.G.A. § 24-8-803(6) and follows the general principles of the Federal Rules of Evidence.

Requirements for Admissibility:

To admit business records into evidence under the business records exception in Georgia, the following elements must be established:

  1. Regularly Kept Records: The record must have been made in the regular course of business as part of routine business operations.
  2. Timeliness: The record must have been created at or near the time of the event it describes, ensuring its accuracy.
  3.  Knowledge of the Record Creator: The record must have been made by, or from information transmitted by, a person with personal knowledge of the event or data recorded.
  4. Regular Business Practice: The process of making the record must be a regular practice of the business.
  5. Custodian or Qualified Witness Testimony: A custodian of records or another qualified witness must authenticate the record and testify that it meets the above conditions. In some cases, an affidavit or certification may be used instead of live testimony, under O.C.G.A. § 24-9-902(11), provided notice and an opportunity to object are given.
  6. No Indications of Untrustworthiness: The record must not show signs of unreliability, inaccuracy, or improper preparation.

Methods of Authentication:

Business records can be authenticated in two ways:
  1. Live Testimony: A records custodian or qualified person testifies in court regarding the record's creation, maintenance, and reliability.
  2. Self-Authentication: Under O.C.G.A. § 24-9-902(11), business records can be admitted through a sworn affidavit or certification from the custodian, provided the opposing party is given advance notice and has an opportunity to challenge the records.

Common Examples of Business Records:

  • Financial records (bank statements, invoices)
  • Medical records
  • Employment records (payroll, HR files)
  • Logs or reports maintained in the ordinary course of business

If these requirements are met, the business record can be admitted into evidence without violating hearsay rules under OCGA 24-8-802.

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For a free consultation, contact the Law Offices of George Creal today on the web at www.georgecreal.com or on the phone at (404) 333-0706. We are here to help you navigate the legal system and fight for your rights.

Disclaimer

The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.

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