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 Rule 803(6) 'requires that the custodian or other qualified witness testify that (1) the records were made contemporaneously with the events and 'kept in the course of a regularly conducted business activity,' and (2) 'it was the regular practice of that business activity to make the [record].'' United States v. Samaniego, 187 F.3d 1222, 1224 (10th Cir. 1999) (quoting Fed. R. Evid. 803(6)) (footnote omitted). Business records are inadmissible, however, where 'the source of information or the method or circumstances of preparation indicate lack of trustworthiness.' Fed. R. Evid. 803(6) (emphasis added); see also id. advisory committee notes (1972) (describing rationale underlying exception as 'the element of unusual reliability . . . said variously to be supplied by systematic checking, by regularity and continuity which produce habits of precision, by actual experience of business in relying upon them, or by a duty to make an accurate record as part of a continuing job or occupation') (citation omitted).  Thus, the motivation of a record's author is relevant to admissibility. Id.


Not every item of business correspondence constitutes a business record. See, e.g., Breeden v. ABF Freight System, Inc., 115 F.3d 749, 754 (10th Cir. ...

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