Introducing Records

Financial Affidavits Do Not Need to Speak Through the Microphone Either

Time. We have so little of it. We waste so much of it on direct. We do not have to. If you do any work in divorce courts, you are familiar with the excruciatingly dull business of live testimony of needs and expenses. In every support trial, you hear lawyers helping clients read their own affidavits out-loud into the record. Hours are wasted on this unnecessary exchange: Wife’s Lawyer: And turning to page three, line two, what is your monthly water bill? Wife: I am sorry, I do not remember. Wife’s Lawyer (tapping his finger on the page and…

Business Records Do Not Need to Speak Through The Microphone

Do you need to introduce business records—bank statements, company business journals, diary of a call-girl with her clients’ names and charges, records of the daily weight-checks for the tiger cubs in Dream World, list of tardies that the child’s school keeps? Do you wake up in the middle of the night wondering whether to subpoena the custodian of—as Rule 803(6) puts it— memorandum, report, record, or data compilation kept in the course of a regularly conducted business activity of a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit? Good news: the North Carolina Court…

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