What is the test for making evidence of a writing made as a record of an act, condition or event?

California, United States of America


The following excerpt is from People v. Cruz, F062420 (Cal. App. 2012):

Evidence Code section 12711 provides that evidence of a writing made as the record of an act, condition, or event is not made inadmissible by the hearsay rule if the following four conditions are met: (1) the writing was made in the regular course of a business; (2) it was made at or near the time of the event; (3) the custodian or another qualified witness testifies about the writing's identity and mode of preparation; and (4) "[t]he sources of information and method and time of preparation were such as to indicate its trustworthiness." (Id., subd. (d).) "The proponent of the evidence has the burden of establishing trustworthiness. [Citations.]" (People v. Beeler (1995) 9 Cal.4th 953, 978.)

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