id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2804	Funk, Norman T.	Survey of Recent Developments in the Indiana Law of Evidence	1989	22	.pdf	application/pdf	9089	457	60	For the business records exception to override the exclusionary rule prohibiting the admission of hearsay evidence, Indiana law has long recognized that the witness, through whose testimony the hearsay evidence is offered, must satisfy four foundational requirements: (1) the records must be identified either by their entrant or by one under whose su- pervision they are kept; (2) the records must be shown 'to be either an original, or a first permanent entry or a duplicate thereof, made in the regular or routine course of business; (3) the records must be shown to have been made at or near the time of the recorded event or transaction; and (4) the recording must be shown to have been performed or made by a person who had both a duty to record the event or transaction as well as personal knowledge of the event or transaction represented by the entry or the recording. ^ After restating the axioms that facts and matters set forth in affidavits must be admissible in evidence in order to be properly considered by a court when ruling on Summary Judgment Motions, and that courts must ignore those parts of affidavits which are not admissible evidence, the dourt of appeals in Kline concluded that the statements which were contained in the affidavit were in fact hearsay, that they were offered as proof of the truth of the facts contained therein, and that they were therefore inadmissible.	cache/inlawrev-2804.pdf	txt/inlawrev-2804.txt