Oregon Supreme Court
Arrowood Indemnity Co. v. Fasching
February 10, 2022369 Or. 214
Summary
The Oregon Supreme Court held that to qualify for the business‑records exception under OEC 803(6), the proponent must present evidence of the record‑making practices of the business that created the record; because the plaintiff failed to do so, the trial court’s admission of the documents was erroneous, so the Court of Appeals and trial court judgments were reversed and the case remanded.
Holding
- Whether a party proffering documents must present evidence of the record‑making practices of the business that created the documents to satisfy OEC 803(6).. Yes; the proponent must present evidence regarding the record‑making practices of the business that created the record sufficient to establish that the record possesses all characteristics set out in OEC 803(6).
- Whether the trial court erred in admitting the documents as business records without such evidence.. The trial court erred; because plaintiff failed to present the required foundation, the documents did not qualify for the business‑records exception and the summary‑judgment ruling must be reversed.
Docket S067964