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CACH v. Askew, Missouri Supreme Court


nascar
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NASCAR,

I have new Case Law for Oregon Similar. How did you post your link.

Thanks,

HP

I go to the url bar and copy that then in the post or PM I click the link button and paste the url in there and make sure the check box for link checking at the bottom near manage attachments.

that should do it

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wow

For that reason, a document that is prepared by one business cannot qualify for the business records exception merely based on another business's records custodian testifying that it appears in the files of the business that did not create the record. State v. Anderson, 413 S.W.2d 161, 165 (Mo. 1967); Zundel v. Bommarito, 778 S.W.2d 954, 958 (Mo. App. 1989) ("The business records exception to the hearsay rule applies only to documents generated by the business itself . . . . Where the status of the evidence indicates it was prepared elsewhere and was merely received and held in a file but was not made in the ordinary course of the holder's business it is inadmissible and not within a business record exception to the hearsay rule under § 490.680, RSMo 1986.") A custodian of records cannot meet the requirements of § 490.680 by simply serving as "conduit to the flow of records" and not testifying to the mode of preparation of the records in question. C & W Asset, 136 S.W.3d at 140.

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wow

For that reason, a document that is prepared by one business cannot qualify for the business records exception merely based on another business's records custodian testifying that it appears in the files of the business that did not create the record. State v. Anderson, 413 S.W.2d 161, 165 (Mo. 1967); Zundel v. Bommarito, 778 S.W.2d 954, 958 (Mo. App. 1989) ("The business records exception to the hearsay rule applies only to documents generated by the business itself . . . . Where the status of the evidence indicates it was prepared elsewhere and was merely received and held in a file but was not made in the ordinary course of the holder's business it is inadmissible and not within a business record exception to the hearsay rule under § 490.680, RSMo 1986.") A custodian of records cannot meet the requirements of § 490.680 by simply serving as "conduit to the flow of records" and not testifying to the mode of preparation of the records in question. C & W Asset, 136 S.W.3d at 140.

Thanks Sea Dragon.

The real problem is the size of the documentation which totals 57 pages with the supporting decisions. I need someplace to host the data and then provide info on how to link to it. Any suggestions for a host site. It's way to big to post to the forum.

HP

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Thanks Sea Dragon.

The real problem is the size of the documentation which totals 57 pages with the supporting decisions. I need someplace to host the data and then provide info on how to link to it. Any suggestions for a host site. It's way to big to post to the forum.

HP

utorrent perhaps you could do it that way making a torrent from your computer or make a webpage on gmail and serve it from there.

personally try to zip file it and see how big it is.

I use utorrent to get live cd for knoppix and other ix flavors so it would be really easy.

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