Macon County Law Enforcement Center (MCLC) Comprehensive State Practice Exam

Which of the following is an exception to the hearsay rule?

1. Witness testimony during a trial

2. Business records

3. Opinion letters

4. Affidavits by absent witnesses

The correct answer is: Business records

Business records are considered an exception to the hearsay rule due to their reliability and the regularity with which they are created and maintained. This exception is grounded in the notion that businesses routinely document transactions and events in the course of their operations, which makes these records trustworthy. The rationale is that such documentation is typically created by someone with direct knowledge of the details, reflects a systematic procedure for recording information, and is kept in the regular course of business. In contrast, witness testimony during a trial directly refers to verbal accounts provided by individuals present in court and does not fall under hearsay, as it’s live testimony. Opinion letters, while potentially useful in certain contexts, do not typically meet the criteria for admissibility as exceptions to hearsay due to their subjective nature. Affidavits by absent witnesses may be considered hearsay because they are statements made outside of court and offered to prove the truth of the matter asserted without the witnesses being present to testify.