1704

The prosecutor should argue that the critical information was supplied by a guest, not a hotel employee, so that the record was not prepared by an employee with personal knowledge of the identity of the guest.

Although the rule refers to records "made by, or from information transmitted by, someone with knowledge," the universal interpretation is that the person with knowledge must be an employee of the business.

Questions? Email tanford@indiana.edu and refer to 1704.

For the A-star, what rebuttal argument can the defense make that this document is admissible as a business record over a hearsay objection despite the fact that the information was supplied by a hotel guest, not an employee? This is a hard question. When you think you have the answer, click here.