Which statement accurately describes Records of a Regularly Conducted Activity?

• A. The record must be created by the witness in court.
• B. The record was made at or near the time by someone with knowledge and kept in the course of a regularly conducted activity.
• C. The record may be admitted without testimony or certification.
• D. The record need not be trustworthy.

Answer: (B)

Records of a Regularly Conducted Activity are a hearsay exception focused on trustworthiness arising from routine business practices. The key idea is that such records are prepared in the normal course of business and reflect what happened, by someone with actual knowledge, at or near the time the event occurred.

This option fits best because it states three essential requirements: the record was made at or near the time of the event, by someone who had knowledge of the event, and it was kept in the course of a regularly conducted activity. Together, these elements support the reliability of the record and justify its admission under the business records concept.

Why the other possibilities don’t fit: records don’t have to be created by the witness in court—the record can be created by another person with knowledge and later authenticated. Admission typically requires a foundation showing the record was kept in the ordinary course and that a custodian or qualified witness can testify to its origin (or an equivalent certification). Finally, the rule rests on trustworthiness derived from routine practice; saying the record need not be trustworthy would be inconsistent with why this exception exists.