business records exception (Delaware) · Go Syfert
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business records exception in Delaware

5 Delaware opinions name it 3 courts 2001–2025 2 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Frye v. Commonwealthgreen
va · 1986 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Evid. 803(8)(B)). 70 Frye v. Commonwealth, 345 S.E.2d 267, 280 (Va. 1986). 17 trustworthiness, like the fact that the record was shown to be regularly prepared and routinely relied upon by the Virginia State Police in the regular course of business.71 By contrast, in United States v. Hendricks, the Eleventh Circuit upheld the admission an NCIC report in the context of a supervised release revocation proceeding (where the Federal Rules of Evidence do not apply),72 but acknowledged that “an NCIC report is hearsay and does not fall within the Federal Business Records Act or any other recognized e

11
State v. Sneedgreen
ncctapp · 2011 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Evid. 803(8)(B)). 70 Frye v. Commonwealth, 345 S.E.2d 267, 280 (Va. 1986). 17 trustworthiness, like the fact that the record was shown to be regularly prepared and routinely relied upon by the Virginia State Police in the regular course of business.71 By contrast, in United States v. Hendricks, the Eleventh Circuit upheld the admission an NCIC report in the context of a supervised release revocation proceeding (where the Federal Rules of Evidence do not apply),72 but acknowledged that “an NCIC report is hearsay and does not fall within the Federal Business Records Act or any other recognized e

11
Whittle v. Stategreen
del · 2013 · cited in 1 Delaware opinions naming this issue, 2025–2025
2 sentences

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

11
Cooper v. Commonwealthgreen
vactapp · 2009 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Evid. 803(8)(B)). 70 Frye v. Commonwealth, 345 S.E.2d 267, 280 (Va. 1986). 17 trustworthiness, like the fact that the record was shown to be regularly prepared and routinely relied upon by the Virginia State Police in the regular course of business.71 By contrast, in United States v. Hendricks, the Eleventh Circuit upheld the admission an NCIC report in the context of a supervised release revocation proceeding (where the Federal Rules of Evidence do not apply),72 but acknowledged that “an NCIC report is hearsay and does not fall within the Federal Business Records Act or any other recognized e

11
United States v. Nick Cloyd Enterlinegreen
ca8 · 1990 · cited in 1 Delaware opinions naming this issue, 2025–2025
2 sentences

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

11
MAULO v. Stategreen
del · 2011 · cited in 1 Delaware opinions naming this issue, 2025–2025
2 sentences

2025Apr. 3, 2014) (TABLE) (calibration records “can be introduced through the business records exception to the hearsay rule.”). 105 See Maulo v. State, 27 A.3d 551 , 2011 WL 3849498, at *3 (Del.

2025Apr. 3, 2014) (TABLE) (calibration records “can be introduced through the business records exception to the hearsay rule.”). 105 See Maulo v. State, 27 A.3d 551 , 2011 WL 3849498, at *3 (Del.

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Ajinomoto Co., Inc., Plaintiff-Cross v. Archer-Daniels-Midland Co.green
cafc · 2000 · cited in 1 Delaware opinions naming this issue, 2020–2020
1 sentence

2020The Report was submitted as an exhibit to the sworn affidavit of Melissa Barlow-Carey, a claims associate for Nationwide.22 Nationwide established, through the affidavit, that: (1) Barlow-Carey, as a claims associate covering the case, was familiar with the Report; (2) the Report was made close to the time of the events in question by someone with knowledge of the information contained in the Report, i.e., Roland; and (3) Nationwide regularly keeps a file containing such reports as part of its business practices.23 Moreover, these conditions were not contested by Plaintiffs in their 20 Pls.’ M

11
Indivior Inc. v. Dr. Reddy's Laboratories, S.A.green
cafc · 2019 · cited in 1 Delaware opinions naming this issue, 2020–2020
1 sentence

2020The Report was submitted as an exhibit to the sworn affidavit of Melissa Barlow-Carey, a claims associate for Nationwide.22 Nationwide established, through the affidavit, that: (1) Barlow-Carey, as a claims associate covering the case, was familiar with the Report; (2) the Report was made close to the time of the events in question by someone with knowledge of the information contained in the Report, i.e., Roland; and (3) Nationwide regularly keeps a file containing such reports as part of its business practices.23 Moreover, these conditions were not contested by Plaintiffs in their 20 Pls.’ M

11
United States v. Robert Turner, United States of America v. Guinn Kellygreen
ca8 · 1999 · cited in 1 Delaware opinions naming this issue, 2001–2001
1 sentence

2001See United States v. Turner, 8th Cir., 189 F.3d 712, 719-20 (1999) ("If both the source and recorder of the information were acting in the regular course of the organization’s business, however, the hearsay upon hearsay problem may be excused by the business records exception to the rule against hearsay [in F.R.E. 803(6)]."); 3 Federal Rules of Evidence Manual 1673 (7th ed. 1998) ("If the reporter is operating under the same or similar "business” duty (i.e., duly to report accurately) as the recorder, then the risk of inaccuracy is substantially reduced — the same guarantees of reliability app

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Morales v. State green
del · 2016
2 sentences

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

2025There, the defendant challenged the admissibility of an NCIC printout identifying him as wanted.70 However, the Supreme Court of Virginia held it to be admissible under the business records exception due to practical necessity combined with other indicia of reliability and 66 Johnson, 813 A.2d at 165. 67 Morales, 133 A.3d at 532 (quoting Whittle, 77 A.3d at 248). 68 Johnson, 813 A.2d at 166. 69 894 F.2d 287, 289 (8th Cir. 1990) (determining admissibility under Fed. R.

12025–2025
Melendez-Diaz v. Massachusetts green
scotus · 2009
1 sentence

2014He further argued that the intoxilyzer evidence was hearsay and that the ‘Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). 2 Bullcoming v. New Mexico, 131 S. Ct. 2705 (201l). 3 803(6) exception to the hearsay rule3 (commonly referred to as the business records exception) was inapplicable because Sergeant Perna was not a qualified witness under the rule.

12014–2014
Bullcoming v. New Mexico green
scotus · 2011
1 sentence

2014He further argued that the intoxilyzer evidence was hearsay and that the ‘Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). 2 Bullcoming v. New Mexico, 131 S. Ct. 2705 (201l). 3 803(6) exception to the hearsay rule3 (commonly referred to as the business records exception) was inapplicable because Sergeant Perna was not a qualified witness under the rule.

12014–2014

Where else courts name it

NY 355 (1975–2026) CA 175 (1944–2026) TX 163 (1966–2026) FL 145 (1982–2026) IL 138 (1975–2026) PA 134 (1971–2026) IN 94 (1974–2020) OH 89 (1988–2026) GA 76 (1976–2025) NJ 65 (1969–2026) WA 62 (1976–2026) CT 61 (1981–2026) LA 60 (1977–2022) VA 58 (1975–2025) NC 49 (1978–2026) MO 47 (1978–2025) AL 37 (1982–2026) MI 37 (1968–2025) MD 34 (1975–2026) NM 34 (1976–2021) OR 32 (1967–2026) ME 31 (1981–2024) TN 27 (1977–2025) DC 25 (1978–2021) MA 24 (1992–2026) CO 20 (1979–2026) KS 20 (1974–2023) SC 19 (2002–2026) IA 18 (2008–2025) ID 17 (1983–2026) NE 16 (1982–2026) AZ 15 (1965–2024) UT 14 (1981–2026) MS 14 (1983–2017) AR 14 (1986–2026) MN 14 (1958–2016) SD 13 (1953–2026) KY 13 (1987–2024) ND 12 (1955–2025) WI 10 (1975–2025) OK 9 (1977–2014) MT 9 (1957–2024) HI 9 (1977–2025) NH 8 (1984–2019) AK 8 (2002–2025) DE 5 (2001–2025) NV 5 (1985–2025) RI 4 (2004–2017) WV 3 (1997–2002) VT 2 (2019–2019) WY 2 (2023–2023) VI 2 (2017–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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