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business records exception

$25,000 in medical bills can become much harder to prove if the records that support them are kept out of evidence. A common worst-case problem is assuming hospital charts, billing statements, pharmacy logs, or employer time records will automatically be accepted in court. They usually are not - unless they fit a rule that allows them in despite being hearsay.

The business records exception is a rule of evidence that lets certain records come into court if they were made and kept as part of a regularly run business activity. In Hawaii, this is generally covered by Hawaii Rules of Evidence Rule 803(b)(6). To qualify, the record usually must have been made at or near the time of the event by someone with knowledge, kept in the regular course of business, and shown to be trustworthy. A records custodian or certification may be needed to lay that foundation.

This matters in injury claims because much of the proof is paper: emergency room notes, physical therapy records, wage records, repair invoices, and care logs. After a crash on H-1, a fall in a care facility, or an injury tied to work restrictions, those documents may be central to proving damages, causation, and timing.

If the foundation is missing, the other side may object and the judge may exclude the record. That can weaken settlement value, delay the case, or make it harder to prove the full extent of the injury.

by Grace Santos on 2026-03-21

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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