A brief diary entry kept by a store employee showing daily sales; it is a regular entry in the store's books. Is it admissible under FRE 803(6)?

A brief diary entry kept by a store employee showing daily sales; it is a regular entry in the store's books. Is it admissible under FRE 803(6)?

• A. Yes; regular entries in a business-records context are admissible if conditions are met.
• B. No; diary entries are always hearsay.
• C. Yes; but only if the diary entry is accompanied by testimony from the person who kept the records.
• D. No; diary entries require a foundation.

Answer: (A)

The key idea is the business records exception to hearsay under FRE 803(6). A diary entry that records daily sales can be admitted if it’s part of the store’s regular business records, made at or near the time of the events, by someone with knowledge, and kept in the usual course of business. Here, the diary entry is described as a regular entry in the store’s books documenting daily sales. That shows it’s created as part of normal business practice and near the time of the sales. To admit it, the proponent typically must lay a foundation—usually by having a custodian or another qualified witness testify that the entry was made at or near the time of the events, by a person with knowledge, in the regular course of business, and kept in a regular place and manner. If that foundation is provided, the diary entry is admissible under the business records exception, despite being hearsay. It’s not correct to say diaries are always hearsay, nor that admission requires testimony from the exact person who wrote the entry in every case, or that any diary inherently requires a separate foundation beyond the standard business-record showing. The important point is that, when the proper foundation is laid, a regular diary entry documenting daily sales fits the business records exception.

The key idea is the business records exception to hearsay under FRE 803(6). A diary entry that records daily sales can be admitted if it’s part of the store’s regular business records, made at or near the time of the events, by someone with knowledge, and kept in the usual course of business.

Here, the diary entry is described as a regular entry in the store’s books documenting daily sales. That shows it’s created as part of normal business practice and near the time of the sales. To admit it, the proponent typically must lay a foundation—usually by having a custodian or another qualified witness testify that the entry was made at or near the time of the events, by a person with knowledge, in the regular course of business, and kept in a regular place and manner. If that foundation is provided, the diary entry is admissible under the business records exception, despite being hearsay.

It’s not correct to say diaries are always hearsay, nor that admission requires testimony from the exact person who wrote the entry in every case, or that any diary inherently requires a separate foundation beyond the standard business-record showing. The important point is that, when the proper foundation is laid, a regular diary entry documenting daily sales fits the business records exception.