Tebarco Mechanical Corporation - Page 18

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          found therein, nor does it establish as fact respondent's                   
          interpretations of the hearsay statements."                                 
               The business record exception to the hearsay rule expressly            
          authorizes the introduction of the exhibits into the record.                
          Fed. R. Evid. 803(6).7  The exhibits were all maintained in                 
          petitioner's files and were maintained in the ordinary course of            
          business.  The fact that notations, terms, and directives may be            
          contained in the business records, which express certain acts,              
          events, conditions, or opinions, does not per se render the                 
          records inadmissible.                                                       
               Petitioner does not dispute the material facts contained               
          within the invoices, but asserts that there are certain                     
          notations, terms, and directives found within some of the                   
          documents in issue, e.g., invoices which show that materials used           
          by petitioner on a particular job either are being shipped to, or           
          picked up from, "the shop."  Petitioner argues that if the                  

          7    Fed. R. Evid. 803 provides in pertinent part:                          
               The following are not excluded by the hearsay rule, even               
          though the declarant is available as a witness:                             
               *    *    *         *         *             **                              
               (6). Records of regularly conducted activity.--A * * *                 
               record, * * * in any form, of acts, events, conditions,                
               opinions, or diagnoses, made at or near the time by, or from           
               information transmitted by, a person with knowledge, if kept           
               in the course of a regularly conducted business activity,              
               and if it was the regular practice of that business activity           
               to make the * * * record * * *, all as shown by the                    
               testimony of the custodian or other qualified witness,                 
               unless the source of information or the method or                      
               circumstances of preparation indicate lack of                          
               trustworthiness. * * *                                                 




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