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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.

Please feel free to contact Michigan business litigation attorney Michael J. Hamblin for more information on how he can help you with your legal needs.

Client Reviews
I had a very difficult case. Mr. Hamblin treated me with respect and always kept me informed. He did a good job and I'd definitely recommend him. Ruth
I finally found an honest lawyer! He did not promise me the moon and navigated a complex contractual matter with excellence. The results were very satisfactory. Mr. Hamblin is an exceptional attorney. Neil
Not only is Micheal a great attorney but he's also a great person who cares about you and helping with your problems. I would feel confident in recommending him to anyone who is in need of an attorney. Lee
We retained Mike not long after he passed the bar and he's been our business attorney for almost 20 years. He's one of the best investments we've ever made. Mary