ENTRIES IN THE COURSE OF BUSINESS (BUSINESS RECORDS RULE)

1. Entrant is dead or unable to testify

2. Entrant was in a position to know the facts stated in the entries
3. Entries made at or near the time of the transactions
4. Entries made in his professional capacity or in the performance
of duty
5. Entries made in the ordinary or regular course of business or
duty
ENTRIES IN OFFICIAL RECORDS

1. Entry is made by a public officer or by another person

specifically enjoined by law to do so
2. Made in the performance of duty specially enjoined by law
3. Public officer or other person has sufficient knowledge of facts
by him stated, acquired personally or through official
information
DECLARATION ABOUT PEDIGREE

1. Declarant is dead or unable to testify

2. Declarant is related by birth or marriage to the person whose
pedigree is in issue
3. Declaration was made before the controversy
4. Relationship between the two persons is shown by evidence
other than such act/declaration
FAMILY REPUTATION OR TRADITION REGARDING
PEDIGREE

1. Statement by a member of the family either by consanguinity or

affinity
2. Statement is about the reputation or tradition of the family in
respect to the pedigree of any member of the family
3. Reputation or tradition exists previous to the controversy
TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING

1. Witness is dead or unable to testify

2. Testimony or deposition was given in a former proceeding
(judicial or administrative) – between the same parties or those
representing the same interests
3. Former case involved the same subject as that in the present
case, although on different causes of action
4. Issue testified to by the witness in the former trial is the same
issue involved in the present case
5. Adverse party had the opportunity to cross-examine the
witness in the former case
LEARNED TREATISES

1. Published treatise, periodical, or pamphlet

2. On a subject of history, law, science, or art
3. Court takes judicial notice or a witness in the subject testifies –
that the writer of the statement in the published treatise,
periodical, or pamphlet is recognized in his profession (expert
in the subject)
COMMERCIAL LISTS AND THE LIKE

1. Matters of interest to persons engaged in an occupation in a list,

register, periodical, or other published compilation
2. Compilation is published for use by persons engage in that
occupation – is generally used and relied upon by them
COMMON REPUTATION

1. Exists previous to the controversy

2. About:
a. boundaries of or customs affecting lands
b. reputations as to events of general history important to
the community
c. respecting marriage or moral character
RECORDS OF REGULARLY CONDUCTED BUSINESS
ACTIVITY

1. Memorandum, report, records, data compilation or

acts/events/conditions/opinions/diagnoses
2. Made by writing, typing, electronic, optical, or other similar
means
3. Made at or near the time of transaction or supply of
information by a person with knowledge thereof
4. Kept in the regular course or conduct of business activities
5. Such was the regular practice to make such compilation
6. Shown by the testimony of the custodian or other qualified
witnesses