CAVALRY PORTFOLIO SERVICES, LLC v. KUMBARIS
Superior Court of New Jersey, Appellate Division.
Submitted October 12, 2011.
[Id. at 17 (emphasis added) (quoting Saks Int'l, Inc. v. M/V "Export Champion", 817 F.2d 1011, 1013 (2d Cir. 1987) (citation omitted)).]
Thus,
A witness is competent to lay the foundation for systematically prepared computer records if the witness (1) can demonstrate that the computer record is what the proponent claims and (2) is sufficiently familiar with the record system used and (3) can establish that it was the regular practice of that business to make the record. If a party offers a computer printout into evidence after satisfying the foregoing requirements, the record is admissible "unless the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy."
[Id. at 18 (citation omitted) (quoting N.J.R.E. 803(c)(6)).]
See also Garden State Bank v. Graef, 341 N.J.Super. 241, 245 (App. Div. 2001) (permitting employee of successor bank to certify as to the loan history printouts reflecting transactions with predecessor bank because his position "render[ed] him `sufficiently familiar with the record system used' . . . enabl[ing] him to `establish that it was the regular practice of [the successor bank] to make the record'") (quoting Hahnemann, supra, 292 N.J. Super. at 18).
Based upon the above, it was error for the trial judge to conclude that because Sharpe "[wa]s not a business custodian of [WaMu]," she was not "properly qualified to authenticate the underlying business records," or that because "she ha[d] no personal knowledge of any of the business records of [WaMu], she[] [was] not in a position to testify as to the contents of those records." In short, the basis for the judge's decision to exclude the monthly statements was "inconsistent with applicable law." Pressler & Verniero, supra, comment 4.6. R. 2:10-2.
We do not accept plaintiff's contention that because of the prevalence of bank mergers and dissolutions, "routine records" of monthly credit card statements are admissible unless some "evidence [is] proferred regarding the untrustworthiness and/or unreliability of the monthly statements." Plaintiff relies in part upon our holding in Garden State, supra, for this broad proposition.
1. Plaintiff's complaint included four additional counts seeking recovery under other causes of action. These are not relevant to our decision.