Bank of New York Mellon v. ShoneAnnotate this Case
In this appeal from a residential foreclosure judgment, the Supreme Judicial Court clarified the criteria under the business record exception to the hearsay rule for admitting into evidence records that a business has obtained from another entity and integrated into its own records or operations by reaffirming the interpretation set forth in Northeast Bank & Trust Co. v. Soley, 481 A.2d 1123, 1127 (Me. 1984).
Specifically, the Supreme Court held that a record that one business has received from another is admissible under Me. R. Evid. 803(6) without testimony about the practices of the business that created the record, provided that (1) the proponent of admission establishes that the receiving business has integrated the record into its own records, has established the accuracy of the contents of the record, and has relief on the record in the conduct of its operations; and (2) the opponent of admission has not shown that the record is nonetheless not sufficiently trustworthy to be admitted.