A memorandum or record of acts or events made near the time by a person with knowledge, in the regular course of business, is described by which rule?

A memorandum or record of acts or events made near the time by a person with knowledge, in the regular course of business, is described by which rule?

• A. Present Sense Impression
• B. Records of a Regularly Conducted Activity
• C. Statement Against Interest
• D. Hearsay Within Hearsay

Answer: (B)

Records of a Regularly Conducted Activity is the name of the rule that fits this description. It’s the business records exception to the hearsay rule, allowing a memorandum or record of acts or events to be admitted if it was made near the time of the events by someone with knowledge and kept in the regular course of the business. This framing—a contemporaneous, routine record kept as part of ordinary business practice—is what makes such documents trustworthy enough to be admitted as evidence. Present Sense Impression covers statements describing or explaining an event as it happens, not a routine business record. Statement Against Interest is about a declarant’s statements that are against their own interest, not about business records. Hearsay Within Hearsay concerns multiple layers of hearsay within a statement, which is a different issue than the admissibility of routine business records.

Records of a Regularly Conducted Activity is the name of the rule that fits this description. It’s the business records exception to the hearsay rule, allowing a memorandum or record of acts or events to be admitted if it was made near the time of the events by someone with knowledge and kept in the regular course of the business. This framing—a contemporaneous, routine record kept as part of ordinary business practice—is what makes such documents trustworthy enough to be admitted as evidence.

Present Sense Impression covers statements describing or explaining an event as it happens, not a routine business record. Statement Against Interest is about a declarant’s statements that are against their own interest, not about business records. Hearsay Within Hearsay concerns multiple layers of hearsay within a statement, which is a different issue than the admissibility of routine business records.