(a) RECORD OF A REGULARLY CONDUCTED ACTIVITY. A record of an act, event, condition, opinion, or diagnosis is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness, if:
(1) the record was made at or near the time by—or from information transmitted by— someone with knowledge;
(2) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(3) making the record was a regular practice of that activity;
(4) all these conditions are shown by the testimony of the custodian or another qualified witness or by other means as may be provided by statute; and
(5) the opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.
(b) PUBLIC RECORDS. A record or statement of a public office is not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness, if:
(1) it sets out:
(A) the offices’ activities;
(B) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel; or
(C) in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and
(2) the opponent does not show that the source of information or other circumstances indicate a lack of trustworthiness.
(1) In General. The reproduction of a record or an enlargement or facsimile of the reproduction, when satisfactorily identified, is as admissible in evidence as the original, whether the original is in existence or not, if any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity, has:
(A) kept or recorded any memorandum, writing, entry, print, representation or combination thereof of any act, transaction, occurrence or event; and
(B) caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process, which appears to accurately reproduce or form a durable medium for reproducing the original,
(2) Admission of Original. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.
Rule 43-I(a) lets a business record into evidence over a hearsay objection when it meets five conditions: someone with knowledge made or supplied the information for the record at or near the time of the event, keeping that kind of record was a regular part of the activity's operation, making the record was a regular practice, a custodian or other qualified witness (or another method allowed by statute) establishes all of that, and the opponent cannot show the source of the information or the way the record was prepared makes it untrustworthy. The exception covers records of an act, event, condition, opinion, or diagnosis kept by a business, organization, or calling, whether or not it operates for profit, and it applies whether or not the person who made the record is available to testify.
Rule 43-I(b) creates a parallel exception for public records — records or statements from a public office describing that office's own activities, describing a matter observed under a legal duty to report, or setting out factual findings from a legally authorized investigation in a civil case. As with business records, the opponent can defeat the exception by showing the source of information or other circumstances make the record untrustworthy.
Rule 43-I(c) addresses a different problem: proving a record exists when only a copy survives. It allows a reproduction, enlargement, or facsimile of a business or government record to come into evidence just as the original would, so long as it is satisfactorily identified and was made and kept in the regular course of business using a process that accurately reproduces the original — whether the original photographic or electronic process was microfilm, microcard, or another comparable method. Introducing the reproduced version does not stop a party from also offering the original if it still exists.