Contemporaneously made business record rule - Saab NG900 & OG9-3 Bulletin Board - Saabnet.com
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Contemporaneously made business record rule
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Posted by DER (more from DER) on Sun, 12 Jun 2005 21:00:04 Share Post by Email
In Reply to: Sludge warranty letter from Saab, Dean C, Sun, 12 Jun 2005 04:52:17
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gets your records of oil changes admitted into evidence in court as an exception to the hearsay rule. You merely testify as the custodian that you made the entries contemporaneously with the occurrence of the event recorded. Trouble is that you do not want to be in court to avail yourself of the warranty extension. Court is for controversies, not hypothetical questions. So, there is little way to resolve this for you now with no actual controversy. Sometimes we do not know what the "law" regarding a situation is until a judge or jury tells us how the particular facts are believed and then how the law is applied to them. If you are unlucky enough to actually have a sludge problem (apparently not very likely with synthetic changes done religiously), the cost of an attorney's advocacy may be worth it given the prices we hear for new engines. It may come down to credibility and their fear of an adverse precedent. One hopes your records look well kept.

posted by 66.24.55...

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