InvestorsHub Logo

emailjanum

11/27/10 6:58 PM

#24085 RE: emailjanum #24084

Absence of Entry in Records. Rule 803(7) provides:
The following [is] not excluded by the hearsay rule, even though
the declarant is available as a witness:
. . .
Evidence that a matter is not included in the memoranda reports,
records, or data compilations, in any form, kept in accordance with
the provisions of paragraph (6), to prove the nonoccurrence or
nonexistence of the matter, if the matter was of a kind of which a
memorandum, report, record, or data compilation was regularly
made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

http://www.abiworld.org/committees/newsletters/consumer/vol7num1/Lets_Litigate.pdf