Iowa Code § 622.28
Writing or record — when admissible — absence of record — effect
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2019
As of January 1, 2012
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.
1. 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; that the sources of information from which made and the method and circumstances of their preparation were such as to indicate their trustworthiness; and 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.
2. 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 memoranda or records of all such acts, events, or conditions at the time thereof or within a reasonable time thereafter, and to preserve the memoranda or records.
The term business, as used in this section, includes business, profession, occupation, and calling of every kind.
3. The term “business”, as used in this section, includes a business, profession, occupation, or calling of every kind.
Referred to in
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.