Section 16.39 Family and Religious Records

• Library: Evidence 2017

D. (§16.39) Family and Religious Records

Statements in family records, such as the family Bible, concerning births, deaths, baptisms, marriage, and the like are admissible to prove that these events occurred on the dates stated. The judicial declaration of the exemption is discussed in State v. Bruton, 161 S.W. 751, 755 (Mo. 1913) (a copy of the family Bible). Likewise, statements of fact in religious records are admissible when it is shown that the church keeps these records in the ordinary course and that it is the duty of the clergy to keep these records. Collins v. German-Am. Mut. Life Ass’n of Burlington, Iowa, 86 S.W. 891 (Mo. App. E.D. 1905); see also Arnold v. Bhd. of Locomotive Firemen & Enginemen, 101 S.W.2d 729 (Mo. App. W.D. 1937) (date of birth). It should be noted that the requirements for the admission of religious records are very similar to the business records exception. Properly qualified documents may be admissible under that exception as well.

Family records are considered trustworthy because there is little incentive to falsify them. Moreover, they are likely to be accurate because the events recorded are important to a family and are within the family’s personal knowledge. The inscription on a tombstone to prove the date of death is admissible as an exception to hearsay rule. Smith v. Patterson, 8 S.W. 567, 569 (Mo. 1888). Religious records are treated more like business records and have similar foundational requirements.

Similar to the business record exception, there is statutory authority. Section 490.260, RSMo 2016, authorizes the admission of religious registers. And, a certified copy of the register is admissible to establish the facts contained in the register. See § 490.270, RSMo 2016. Also, § 451.110, RSMo 2016, provides that a marriage certificate “shall be prima facie evidence of the facts therein stated,” and §...