CHAPTER 252 - WITNESSES AND EVIDENCE PROVIDING CONDITIONS UNDER WHICH BUSINESS RECORDS SHALL BE COMPETENT EVIDENCE

AN ACT AMENDING ARTICLE 4 OF CHAPTER 129 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO WITNESSES AND EVIDENCE BY PROVIDING THE CONDITIONS UNDER WHICH BUSINESS RECORDS SHALL BE COMPETENT EVIDENCE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Article 4 of Chapter 129 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding a new section after 4704. Section 19, to be known as 4704A. Section 19A, as follows:

4704A. Section 19A. Business Records as Competent Evidence:--The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not. A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission. This section shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

Approved April 18, 1945.