Re: another question

Posted by poor lawyer (24.88.34.92) on August 15, 2002 at 01:20:34:

In Reply to: Re: another question posted by observer on August 14, 2002 at 19:05:34:

Computer printouts can be used as evidence if somebody can verify either by testimony or affidavit that the information recorded was taken in the "usual course of business."

Somebody testifying (i.e. a CA) that a letter was sent by their organization to a specific individual generally is unpersuasive evidence unless the testifying individual can say that he himself remembers sending the letter or that it was a normal business practice for the organization to send such letters to all such recipients in the normal course of business. However, the competence of such evidence will vary from each jurisdiction, and it is a very difficult question to answer as to what exactly is sufficient and persuasive evidence on whether a letter was sent and received. It will depend on the state laws of evidence, the particular judge, and the particular jury, if there is one.

poor lawyer, esq.

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