Commonwealth Financial Systems, Inc. v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that computer-generated billing statements and account information were not admissible under the business records exception where the proponent of the evidence failed to “establish circumstantial trustworthiness”
• explaining “regardless of a ‘nationwide trend’ and ‘clear federal precedent’ for allowing the introduction of business records consisting of documents generated by third parties, the Pennsylvania Supreme Court has not seen fit to adopt the rule of incorporation[]”
• “The record also supports the trial court’s finding that CFS failed to establish the- trustworthiness of its documents.”
• \Rule 803(6) requires the proponent of documentary evidence to establish circumstantial trustworthiness\
• affidavit of assignee debt buyer’s employee held inadmissible because there was no foundation testimony that the employee had personal knowledge of the “ ‘preparation and maintenance’ ’’ of the account statements and purported card agreement
• trial court acted within discretion - in finding documents proffered by appellant to be insufficiently authenticated and untrustworthy and thus inadmissible; custodial witness stated records had been qualified and had no further knowledge of records

Source: CourtListener parenthetical corpus (CC0).