Question
In a civil case for fraud, the plaintiff subpoenaed the defendant’s accounting records. Plaintiff deposed the defendant’s accountant. The accountant had custody of the defendant’s accounting records because he had used them to prepare the defendant’s tax returns. He had been informed by the defendant’s chief financial officer that the records were accurate, and constituted the complete record of the company’s financial activity. However, the accountant claimed that he had no personal knowledge regarding the accuracy or source of the numbers contained in the records. For purposes of authentication, the accountant
A Need not be able to authenticate the records since they are self-authenticating.
B Cannot authenticate the records because he cannot testify as to their contents with personal knowledge.
C Cannot authenticate the records because he has no personal knowledge that they were compiled in the ordinary course of business.
D May authenticate the records because they are in his custody, and he has been informed that they were prepared by someone with knowledge, in the ordinary course of business.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 11 Authentication
