The Bank of New York Mellon v. Danielle Shone et al.

Summary

The Maine Supreme Judicial Court addressed the admissibility of integrated business records under Maine Rule of Evidence 803(6) in a residential foreclosure action. The court reaffirmed that records received from another entity may be admitted without testimony about the originating entity's practices if the receiving business integrated, verified, and relied on the records, subject to a showing that the records are trustworthy. The court vacated the judgment for the defendants and remanded for the trial court to reconsider admission of the default notices and certificate of mailing under that standard.

Holdings

1. A record received from another business may be admitted under Rule 803(6) without testimony about the originating business's practices if the proponent establishes that the receiving business integrated the record into its own records, verified or otherwise established the accuracy of the record's contents, and relied on the record in conducting its operations, unless the opponent shows that the record is insufficiently trustworthy.
2. The Superior Court's exclusion of the Bank's exhibit was based on the superseded requirement that the Bank present first-hand testimony about the originating law firm's practices; the judgment therefore had to be vacated and the matter remanded for the trial court to determine whether the exhibit satisfied the integration, verification, and reliance criteria.

Questions Presented

1. What foundational showing is required under Maine Rule of Evidence 803(6) to admit a business record created by one entity and later integrated into the records or operations of another entity?
2. Whether the notice of default and right to cure could be admitted without testimony concerning the originating law firm's recordkeeping practices.
3. Whether the Superior Court's foreclosure judgment should be vacated and the matter remanded for reconsideration of the exhibit's admissibility.

Disposition

reversed_and_remanded