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Category: Criminal Law
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why is my friend from work who claims he passed the bar, is

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why is my friend from work who claims he passed the bar, is saying that phone records are considered hearsay. you know my situation , is he right
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Phone records are hearsay because they are statements generated outside of court offered to prove the truth or accuracy of their contents. However, that does not mean that they are not admissible in court.

There are many exceptions to the hearsay rule. One of those is the Business Records Exception. Records generated and maintained in the ordinary course of a business are generally admissible. In order to introduce business records in court you have to have either (1) live testimony from a custodian of records from the business (in this case the phone company) who can attest to their accuracy, or (2) an affidavit from the custodian of records attesting to their accuracy. There are additional requirements for the second option including 30 written notice to the other side of your intent to admit certified business records. In New York, those requirements are contained within the following section of the NY evidence code:

http://codes.lp.findlaw.com/nycode/CVP/31/3122-a
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