Judges and Judiciary
Jul. 24, 2015
Swiping snag in hearsay exception
In cases involving credit cards, admissibility of credit card statements under the "business records" exception looms large. By Daniel Brenner
In much civil litigation, the business records exception to the hearsay rule - Evidence
Code Section 1271 - doesn't provoke dispute. Documents are admitted by stipulation
of the parties. The courtroom fight is over what the documents' words mean or whether
the parties met the obligations embedded in them. But in cases involving credit cards
- notably, debt collection cases - adm...
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