business records hearsay exception in Pennsylvania

2022See A.J.R.-H., 188 A.3d at 1169 (vacating order terminating parental rights where the court relied on documentary evidence and “[n]o witness stated she was able to speak to the mode of each of the documents’ preparation, testify -8- J-A07026-22 that the documents were created at or near the time of the documented event or conversation, or made in the regular practice of the activity involved”); In re Sanders Child., 312 A.2d 414, 416-17 , 417 n.8 (Pa. 1973) (holding testimony recounting summary report of caseworker inadmissible as business record in termination of parental rights hearing where

2020See In re A.J.R.-H., 188 A.3d 1157, 1176 (Pa. 2018) (where exhibits in a termination matter were not admissible under the business records hearsay exception without a proper foundation for admission, their admission was not harmless, and the “right for any reason” doctrine did not apply to termination matters where the court based many of its findings of fact on the inadmissible exhibits).

2021See Commonwealth v. May, 195, 898 A.2d 559 , 565 n.12 (Pa. 2006).

2006On the ineffectiveness claim deriving from the trial court's refusal to admit a missing person report containing information favorable to the defense (a subpart of the majority's Issue 1), see Majority Opinion, op. at ___-___, 898 A.2d at 564 , I have reservations concerning the majority's analysis as to whether the report qualifies for treatment under the business records hearsay exception.

2025When considering whether a hearsay exception applies, we note that exceptions have been developed to allow admission of evidence based on its necessity and the “circumstantial probability of its trustworthiness.” Bayview Loan Servicing LLC v. Wicker, 206 A.3d 474, 483 (Pa. 2019) (addressing the business records hearsay exception).