Las Vegas Casinos

FN17. NRS 51.035.

The Rosoffs argue, however, that the logs comply with the business exception to the hearsay rule. [FN18] In Miranda v. State, 101 Nev. 562, 566, 707 P.2d 1121, 1124 (1985), cert. denied, 475 U.S. 1031, 106 S.Ct. 1239, 89 L.Ed.2d 347 (1986), we noted that "the business records exception to the hearsay rule generally permits a party to introduce as evidence reports made during the regularly conducted course of business." The district court concluded, however, that these logs were not made in the regular course of business. We agree.

FN18. NRS 51.135(1) provides: A memorandum, report, record or compilation of data, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of the preparation indicate lack of trustworthiness.

In Palmer v. Hoffman, 318 U.S. 109, 63 S.Ct. 477, 87 L.Ed. 645 (1943), the U.S. Supreme Court considered signed statements about an accident made by a railroad employee shortly after the accident, but before his death. The court concluded that this report did not fall within the business record exception, stating "Unlike payrolls, accounts receivable, accounts payable, bills of lading and the like, these reports are calculated for use essentially in the court, not in the business. Their primary use is in litigation, not in railroading." Id. at 114, 63 S.Ct. at 481. See also D. Binder, Hearsay Handbook § 8.05 (2nd ed. 1983) ("As a general rule, records that are prepared for purposes of litigation are not encompassed by [the business record] exception to the hearsay rule.").