Which elements must be shown for the business records exception to apply?

• A. The record must be created by government agency; no foundation necessary.
• B. The record must be made in the regular course of business, at or near the time of the event, by someone with knowledge, and kept in the regular course of business; foundation is required.
• C. The record is admissible as long as it is hearsay exception without foundation.
• D. The record must be created contemporaneously with the transaction; no knowledge required.

Answer: (B)

The main idea is the business records exception under the hearsay rules. For a record to fit this exception, it must be part of the regular business activities and created close in time to the event, by a person with knowledge, and kept in the ordinary course. In addition, a foundation showing its trustworthiness must be laid—usually through testimony by a custodian or another qualified witness that the record was made or kept in the regular course of business.

This choice matches all those requirements: it says the record is made in the regular course of business, at or near the time of the event, by someone with knowledge, and kept in the regular course of business; and it notes that a foundation is required. That combination is what makes the business records exception applicable.

Choices that mention government origin, or claim no foundation is needed, or omit the knowledge element, don’t fit. The government-origin option isn’t required, foundation is indeed required, and the knowledge of the person making the entry is essential to satisfy the exception.