Blog

What is the Business Records Exception in the Orlando, Florida Area?

The Florida Business Records Exception to the hearsay rule is set forth in section 90.803(6)(a), Florida Statutes(2023). In the evidence code, it is stated that for a record to be admissible under the Business Records exception, the proponent must show that (1) the record was made at or near the time of the event; (2) the record was was made by or from information transmitted by a person with knowledge; (3) the record was kept in the ordinary course of a regularly conducted business activity; and (4) it was a regular practice of the business to make such records.

If you have records that are from regularly conducted business activity within the meaning of section 90.803(6), they can be admitted as an exception to the hearsay rule. For example, this can apply to medical records, business records, school records, or any records that are conducted in the ordinary course of business. However, they must meet the four criteria above, and then the records can be introduced and come into evidence as an exception to the hearsay rule. This can save you time and expense when you want to introduce such records at a hearing or trial.

At a hearing or trial, you can call the Records’ Custodian, whom you have subpoenaed as a witness to testify regarding the business records to introduce the business records. The records custodian would testify to the elements one through four mentioned above to admit the evidence.

Alternatively, you can issue a subpoena duces tecum for the custodian of records to produce the records without testimony. In that case, the Custodian of Records must do an Affidavit of the Custodian of Records, and that is introduced into evidence along with the records in lieu of testimony from the custodian of records. That will make your trial of hearing presentation more manageable, especially with the time constraints on hearing time and trial time.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney-client privilege.