Is a ''Business Record'' Admissible In Texas ?
Rule 803(6) provides a business record is admissable if it is:
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 . . . .See TEX. R. EVID. 803(6).
Rule 803(6) does not require a witness laying the predicate for introduction of a business record to be the creator of the document or even an employee of the company keeping the subject record. See Houston Shell & Concrete Co. v. Kingsley Construction, Inc., 987 S.W.2d 184, 186 (Tex. App.-Houston [14th Dist.] 1999, no pet.); Huff v. State, 897 S.W.2d 829, 839 (Tex. App.-Dallas 1995, writ ref'd).
The rule does require, however, that the person testifying demonstrate he or others in his company "knew of the events recorded on the third party documents." Duncan Dev., Inc. v. Haney, 634 S.W.2d 811, 814 (Tex.1982)(referring to prior rule).