Giving Them the Business (1)*

 

Civil action for collection on a debt. The plaintiff, Viza Credit Cards, alleges that defendant Dale Donner, a cardholder, owes it $1,172.87 in unpaid charges and additional financing charges for late payment. Donner claims to have paid the charges on time. At trial, Viza offers its billing records and computerized accounts and invoices under Rule 803(6) through the testimony of an account manager who describes the manner in which Viza compiles and keeps such records in the ordinary course of its business. Donner offers under Rule 803(6) the register from her and her husband's checking account, which shows a check having been written to Viza in the amount in question, and describes the manner in which the Donner family regularly makes and keeps such records. On objections to both offers, what rulings and why?

Would it make any difference if the Donners operated a small business selling woven mats out of their home and the charges and checks were on the account of the "Donner Woven Mat Company"?

 

1. The idea for this problem comes from Kenneth Graham, Q: What Happened to the Last Generation of [Hearsay] Reformers? 1991 Hearsay Reform Conference Papers, U. Minn. Law School


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