Iowa Code

Iowa Code § 622.28 (2026)

Writing or record — when admissible — absence of record — effect

✓ current as of July 2026

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1. Any writing or record, whether in the form of an entry in a book or otherwise, including electronic means and interpretations thereof, offered as memoranda or records of acts, conditions, or events to prove the facts stated therein, shall be admissible as evidence if the judge finds that they were made in the regular course of a business at or about the time of the act, condition, or event recorded; that the sources of information from which made and the method and circumstances of their preparation were such as to indicate their trustworthiness; and that they are not excludable as evidence because of any rule of admissibility of evidence other than the hearsay rule.

2. Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event, or condition, shall be admissible as evidence to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if the judge finds that it was in the regular course of that business to make memoranda or records of all such acts, events, or conditions at the time thereof or within a reasonable time thereafter, and to preserve the memoranda or records.\n\nTue Dec 09 21:59:22 2025 Iowa Code 2026, Chapter 622 (63, 3) 9 EVIDENCE, §622.31\n\n 3. The term “business”, as used in this section, includes a business, profession, occupation, or calling of every kind. [C51, §2406; R60, §3999; C73, §3658; C97, §4623; S13, §4623; C24, 27, 31, 35, 39, §11281, 11282; C46, 50, 54, 58, §622.28, 622.29; C62, 66, 71, 73, 75, 77, 79, 81, §622.28] 2016 Acts, ch 1073, §164; 2017 Acts, ch 29, §160 Referred to in §622.30 \n

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1974–2025 · leading case: United States v. Junior Roldan Marin, 31 F.4th 1049 (8th Cir. 2022).

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United States v. Junior Roldan Marin, 31 F.4th 1049 (8th Cir. 2022). “Iowa Code § 622.28 (2). Moreover, “the law generally frowns on requiring a party to prove a negative.”

Miller v. Bonar, 337 N.W.2d 523 (Iowa 1983). “” The court approved the stipulation and admitted the exhibits, apparently satisfied that the foundation for the business record *528 exception, Iowa Code § 622.28 (1981), 2 had been properly laid.”

State v. Hodgeson, 305 So. 2d 421 (La. 1974). “1969); Iowa Code Ann. § 622.28 (Supp.1970). For example, the Florida statutory provision reads: "A record of an act, condition or event, including a record kept by means of electronic data processing, shall, in so far as relevant, be competent evidence if the custodian or other…”

Koppinger v. Cullen-Schiltz & Assocs., 513 F.2d 901 (8th Cir. 1975). “§ 1732 (a); Iowa Code § 622.28 (1975). The court and the parties interrogated Schneider regarding the preparation of the report.”

State of Iowa v. James Russell Ellis (Iowa Ct. App. 2025). “See Iowa Code § 622.28 (3) (defining “business” within that section to “include[] a business, profession, occupation, or calling of every kind”).”

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