FLORIDA RULES OF CIVIL PROCEDURE

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Business Records Exception

Fla. Stat. § 90.803(6), Florida Evidence Code, an exception to the prohibition on hearsay because such documents have high reliability arsing from a business incentive to keep accurate records. Bank of N.Y. v. Calloway, 157 So. 3d 1064, 1070 (Fla. 4th DCA 2015). The elements to prove that evidence is admissible under the business records exception are:
(1) the record was made at or near the time of the event;
(2) was made by or from information transmitted by a person with knowledge;
(3) was kept in the ordinary course of a regularly conducted business activity; and
(4) that it was a regular practice of that business to make such a record.”

Yisrael v. State, 993 So. 2d 952 (Fla. 2008)

The proponent of the evidence can establish the foundation by calling a record custodian or other qualified witness to the stand to testify under oath to the predicate requirements. Cayea v. CitiMortgage, Inc., 138 So. 3d 1214, 1217 (Fla. 4th DCA 2014). The record custodian called to testify need not be the person who actually prepared the business records. Bank of N.Y. v. Calloway, 157 So. 3d 1064, 1070 (Fla. 4th DCA 2015). , 157 So. 3d at 1073. The witness need not even be employed by the business when the information was collected, so long as the witness can establish the requirements. Bank of Am., N.A. v. Delgado, 166 So. 3d 857, 859-60 (Fla. 3d DCA 2015); see also Lassonde v. State, 112 So. 3d 660, 663 (Fla. 4th DCA 2013)

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