Can a Receiving Entity of Employee Provide Sufficient Foundation Testimony for a Record from a Second Entity ?
In People v. Cratsley (86 NY2d 81 ), the Court of Appeals recognized that a receiving entity's employee may provide sufficient foundation testimony for a record from a second entity, even though the employee cannot relate the other entity's specific record-making practices, if the employee is well familiar with the circumstances under which the record is prepared, if the record is prepared on behalf of the receiving entity and in accordance with its requirements, and if the receiver routinely relies on such records.
If these requirements are met, the fact that the entrant is not an employee of the receiving entity does not affect admission.
Rule 803 (6) of the Federal Rules of Evidence ("Hearsay Exceptions; Availability of Declarant Immaterial") states:
"Records of regularly conducted activity
"A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. the term 'business' as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit."