California Law (Last Updated: March 4, 2014) |
Evidence Code - EVID |
Division 10. HEARSAY EVIDENCE |
Chapter 2. Exceptions to the Hearsay Rule |
ARTICLE 7. Business Records |
Section 1272.
Latest version.
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Evidence of the absence from the records of a business of a record of an asserted act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if:
(a) It was the regular course of that business to make records of all such acts, conditions, or events at or near the time of the act, condition, or event and to preserve them; and
(b) The sources of information and method and time of preparation of the records of that business were such that the absence of a record of an act, condition, or event is a trustworthy indication that the act or event did not occur or the condition did not exist.
(Added by Stats. 1965, Ch. 299.)