The public comment period on a pending amendment to the business record and public record hearsay exceptions under FRE 803(6), (7), (8) expires next week on February 15, 2013. To date, there appears to be no opposition or controversy to the amendment as no public comments have been submitted.
The pending amendment concerns the trustworthiness requirement for the business and public records hearsay exceptions under FRE 803(6), (7), (8). Specifically, the amendment would clarify who holds the burden of proof to show lack of trustworthiness. The proposed amendment would modify this requirement for each rule as follows (noting
strike out for deletions and for insertions):
The business or public record is admissible where the foundational requirements are met and "
neitherthe source of information northe method or circumstances of preparation indicate a lack of trustworthiness."
Keep in mind that an adopted change goes into effect 18 months after adoption, absent Presidential action to the contrary.