- 18 - 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. * * *Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011