Admissibility of Evidence - Exceptions to the Rule against Hearsay - Business Records
Civil Practice Law and Rules 4518(a) provides that any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, is admissible in evidence in proof of that act, transaction, occurrence or event, if the judge finds that it was made in the regular course of any business and that it was the regular course of such business to make it, at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter. All other circumstances of the making of the memorandum or record, including lack of personal knowledge by the maker, may be proved to affect its weight, but they do not affect its admissibility. The term business includes a business, profession, occupation and calling of every kind.[1]
CPLR 4518(a) is known as the business records hearsay exception. A business record that is offered into evidence to prove the truth of matters asserted in it is hearsay. However, satisfying the foundation elements of CPLR 4518(a) may permit the record to be admitted to prove the truth of its contents.[2]
[1] Civil Practice Law and Rules § 4518(a).
[2] See CPLR 4518. Business records.
Civil Practice Law and Rules 4518(a) provides that any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, is admissible in evidence in proof of that act, transaction, occurrence or event, if the judge finds that it was made in the regular course of any business and that it was the regular course of such business to make it, at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter. All other circumstances of the making of the memorandum or record, including lack of personal knowledge by the maker, may be proved to affect its weight, but they do not affect its admissibility. The term business includes a business, profession, occupation and calling of every kind.[1]
CPLR 4518(a) is known as the business records hearsay exception. A business record that is offered into evidence to prove the truth of matters asserted in it is hearsay. However, satisfying the foundation elements of CPLR 4518(a) may permit the record to be admitted to prove the truth of its contents.[2]
[1] Civil Practice Law and Rules § 4518(a).
[2] See CPLR 4518. Business records.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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