On June 23, 2017, Michael Berkowitz, who is KWA’s managing collection attorney, volunteered his time at the NARCA 2017 Summer Litigation Boot Camp sponsored by the National Creditor’s Bar Association/NARCA to discuss the business records exception to Ohio’s Hearsay rule, specifically, Ohio Evidentiary Rule 803(6). Michael discussed the pitfalls that creditors encounter when submitting business records into evidence during trial and in motion practice. Often times, a simple business record is the critical piece of evidence for a case, and the admissibility of that record can have a material impact on the outcome of a trial. However, a business record is a prototypical example of hearsay, and inadmissible at trial. Nonetheless, the proper understanding and application of the business records exception to the hearsay rule offers the most practical value to a practitioner at trial.
The Litigation Boot Camp, was held at the Moritz College of Law on the campus of The Ohio State University and was well attended by other colleagues from Ohio, Kentucky, Indiana and Pennsylvania. The seminar included a slate of other presenters covering a sundry of other legal topics related to civil litigation and debt collection. Our Firm has been a NARCA member for over 25 years and was glad to give a little back to the organization by having Michael contribute.