2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 622 - EVIDENCE
622.28 - WRITING OR RECORD -- WHEN ADMISSIBLE -- ABSENCE OF RECORD -- EFFECT.

        622.28  WRITING OR RECORD -- WHEN ADMISSIBLE --
      ABSENCE OF RECORD -- EFFECT.
         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, and that the sources of information from which made and the
      method and circumstances of their preparation were such as to
      indicate their trustworthiness, and if the judge finds that they are
      not excludable as evidence because of any rule of admissibility of
      evidence other than the hearsay rule.
         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 such memoranda of all such acts, events or conditions at the
      time thereof or within a reasonable time thereafter, and to preserve
      them.
         The term business, as used in this section, includes business,
      profession, occupation, and calling of every kind.  
         Section History: Early Form
         [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]
         Referred to in § 622.30

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