Business Record Prepared or Entered in Regular Course of Business; Reproduction as Evidence; Delivery of Copy to Adverse Party.

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Sec. 2147.

Notwithstanding any law of this state to the contrary, an individual, firm, association, or corporation may introduce in evidence at a trial or hearing before a court, officer, arbiter, referee, board, or tribunal, a reproduction of a business record of the individual or institution prepared or entered in the regular course of business, the original of which would be admissible in evidence, including an existing record and including, but not by way of limitation, a check, bill, note, acceptance, or other type of commercial instrument, passbook, deposit slip, or statement furnished to depositors, whether or not the individual or institution regularly so reproduces any or all of such business records. The reproduction shall be in a medium pursuant to the records media act or consist of a printout or other output readable by sight from such a medium. The reproduction, if accompanied by the certificate of the individual or his or her employee or agent, or of the officer, agent, or employee of the firm, association, or corporation who supervised the making of the reproduction to the effect that the reproduction when made was a true, full, and complete reproduction of the original, shall be received as evidence at the trial or hearing with the same force and effect as though the original document were produced. However, the court, officer, arbiter, referee, board, or tribunal may in its discretion require that the original document be produced in evidence, and may also require the taking of testimony of the person who supervised the making of the reproduction. The reproduction is admissible only if the party offering it delivers a copy of it, or of so much of it as may relate to the controversy, to the adverse party a reasonable time before trial, unless in the opinion of the trial court, officer, arbiter, referee, board, or tribunal the adverse party has not been unfairly surprised by the failure to deliver the copy. Nevertheless, such a reproduction need not be submitted to the adverse party as herein prescribed unless the original instrument would be required to be so submitted. If necessary, the reproduction may be offered in evidence by the use of a projector or other similar device. All circumstances surrounding the making of the reproduction may be shown upon the trial, hearing, or proceeding for the purpose of affecting the weight but not the admissibility of the evidence.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1992, Act 192, Imd. Eff. Oct. 5, 1992


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