622.28 - WRITING OR RECORD -- WHEN ADMISSIBLE -- ABSENCE OF RECORD -- EFFECT.
622.28 WRITING OR RECORD -- WHEN ADMISSIBLE -- ABSENCE OF RECORD -- EFFECT. Any writing or record, whether in the form of an entry in a book, or otherwise, including electronic means and interpretations thereof, offered as memoranda or records of acts, conditions or events to prove the facts stated therein, shall be admissible as evidence if the judge finds that they were made in the regular course of a business at or about the time of the act, condition or event recorded, and that the sources of information from which made and the method and circumstances of their preparation were such as to indicate their trustworthiness, and if the judge finds that they are not excludable as evidence because of any rule of admissibility of evidence other than the hearsay rule. Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event or condition, shall be admissible as evidence to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if the judge finds that it was in the regular course of that business to make such memoranda of all such acts, events or conditions at the time thereof or within a reasonable time thereafter, and to preserve them. The term business, as used in this section, includes business, profession, occupation, and calling of every kind.
Section History: Early Form [C51, § 2406; R60, § 3999; C73, § 3658; C97, § 4623; S13, § 4623; C24, 27, 31, 35, 39, § 11281, 11282; C46, 50, 54, 58, § 622.28, 622.29; C62, 66, 71, 73, 75, 77, 79, 81, § 622.28] Referred to in § 622.30