California, United States of America
The following excerpt is from People v. G.G. (In re G.G.), B246586 (Cal. App. 2013):
record and its mode of preparation in every instance. In contrast, [the official records exception] permits the court to admit an official record or report without necessarily requiring a witness to testify as to its identity and mode of preparation if the court takes judicial notice or if sufficient independent evidence shows that the record or report was prepared in such a manner as to assure its trustworthiness.'" (Quoting from Cal. Law Revision Com. com., 29B West's Ann. Evid. Code (1966 ed.) 1280, p. 316.) In addition, the statutory presumption that an official duty has been regularly performed (Evid. Code, 664) applies to official writings, but not to business records, and helps lay the foundation for admission of the official writing because the presumption shifts the burden of proving the foundational issue of trustworthiness of the method of preparing the official writing to the party objecting to its admission. (People v. Martinez (2000) 22 Cal.4th 106, 130.)
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