Also known as: qualified witnesses
Written by attorneys · grounded in primary & secondary sources — see below
A person with firsthand knowledge of an organization's recordkeeping practices who can establish the foundational elements for admitting business records under the hearsay exception. The witness need not have created the record or observed the underlying events but must be able to describe the regular course of business and the routine practice of making such records.
Quartz Energy offers its maintenance logs to prove the timing of a pipeline inspection. A records supervisor testifies that the logs were created automatically at the time of each inspection by field technicians using the company's standard software and stored in the ordinary course of operations. The supervisor's description of the system satisfies the foundation requirement even though the supervisor did not perform the inspections.
Apex Logistics offers shipping manifests to prove delivery dates. A compliance officer testifies that the manifests were generated automatically by drivers using the company's standard digital system and retained in the ordinary course of business. The officer's account of routine practices satisfies the foundation even though the officer did not prepare the manifests.
Select any source to read its text and confirm it supports the definition.
No. The witness need only have knowledge of the recordkeeping system itself, including how records are created and maintained in the regular course of business.
Supporting sources
Yes. The witness may rely on knowledge of the current system and practices even if the records predate the witness's employment, provided the practices have remained consistent.
Supporting sources
The court may exclude the records for lack of trustworthiness even if a qualified witness otherwise lays the foundation, because the circumstances of preparation undermine reliability.
Supporting sources
…incidents disconnected from the one charged as the crime. The second permits the defendant, at his option, to prove by qualified witnesses that he bears a good general reputation or at least one not tarnished by ill-repute. The witness is forbidden, however, to go into particular incidents or details of the defendant's life…