Section 23.79 Business Records

• Library: Criminal Practice 2012 Supp

I. (§23.79) Business Records

The admissibility of business records is in accordance with The Uniform Business Records as Evidence Law, §§ 490.660–490.692, RSMo 2000. The court has wide discretion as to whether requirements for admission are met. State v. Graham, 641 S.W.2d 102, 106 (Mo. banc 1982). Records must be made in the regular course of business, “at or near the time of the act, condition or event.” Section 490.680, RSMo 2000; Thomas v. Dir. of Revenue, 875 S.W.2d 582, 584 (Mo. App. W.D. 1994) (allowing admission of maintenance report on breathalyzer machine even though records custodian did not have personal knowledge of mode of preparation); State v. Luleff, 781 S.W.2d 199, 201 (Mo. App. E.D. 1989) (disallowing highway patrol reports because a deputy with the sheriff’s department was not able to testify as to the mode of the preparation of the exhibits or that they were made in the regular course of business); but see Goodloe v. Dir. of Revenue, 838 S.W.2d 506, 508–09 (Mo. App. W.D. 1992). The burden is on the proponent to qualify the records under the statutes. In re Estate of White, 665 S.W.2d 67, 69 (Mo. App. S.D. 1984). When parts of a record are objectionable as hearsay or for any other reason, they may be excluded by timely objection. State v. Foster, 501 S.W.2d 33, 36 (Mo...