MBE Evidence Practice Exam 2026 – Complete Resource for Test Prep

The main idea tested is the business-records exception under FRE 803(6), which allows a record of a regularly conducted business activity to be admitted if the foundation shows the record was made in the ordinary course of business, near the time of the event, by someone with knowledge, and kept as part of the regular practice. The custodian can lay that foundation by testifying about the process used to compile the records, even if they don’t have personal knowledge of the content of each entry. This demonstrates that the entry was created as part of the business’s routine procedures, which supports its reliability and admissibility as a business record. The custodian’s description of how the records are recorded and maintained satisfies the prerequisites for the exception without requiring the custodian to have knowledge of every entry’s specifics. It’s not necessary for the custodian to have authored the records, and the rule does not demand the original document; a properly authenticated business record can be admitted even if a duplicate or other form is offered, provided the foundation is met.