Of Screen Shots And Hearsay

Law360, New York (May 24, 2011, 11:30 AM EDT) -- In Deutsche Bank National Trust Company v. Hansen, 2011 WL 899625 (Ohio App. 5 Dist., 2011), borrowers defending a foreclosure action successfully challenged whether a bank’s representative could testify in an affidavit concerning the amount due based on a screen shot when the bank’s representative could not explain how such information was collected and compiled. Based on such facts, the borrowers argued the bank could not qualify the screen shot under the business record exception to the hearsay rule.

The borrowers argued that the trial court...
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