Gregory Chandler on Business Records

In business litigation, the issue is often the admissibility of business records.  Under the Federal Rules of Evidence the controlling rule is Rule 803(6).  Rule 803(6) concerns regularly conducted activity. 

I came across an interesting case today.  The case is United States v. Lemire, 720 F. 2d 1327 (D. C. Cir. 1983).  The appellate court affirmed convictions for wire fraud and other offenses.  The court upheld the exclusion of a memorandum written by one defendant for a superior, finding that the document was not a business record, because it was not made in the regular practice of the business and it summarized events that had taken place some time before. 

GREGORY CHANDLER, Attorney at Law