Records Kept In the Ordinary Course of Business In Texas
Texas Rule of Evidence 803(6) allows into evidence records kept in the course of a regularly conducted business activity, in spite of the general hearsay exclusion. TEX. R. EVID. 803(6).
To be properly admitted under the business records exception, the proponent must prove the document was made at or near the time of the events recorded, by or from information transmitted by a person with knowledge of the events, and made and kept in the course of a regularly conducted business activity. Id.
The proper predicate for the introduction of a business record may be established through the testimony of a records custodian or other qualified witness, or by an affidavit that complies with the Rules of Evidence. See id.; TEX. R. EVID. 902(10).
Rule 803(6) does not require the predicate witness to be the record's creator or to have personal knowledge of the contents of the record. See TEX. R. EVID. 803(6); Butler v. State, 872 S.W.2d 227, 238 (Tex. Crim. App. 1994); Kan v. State, 4 S.W.3d 38, 45 (Tex. App.-San Antonio 1999, no pet. h.).