Meaning
Legal provisions allow a formal hearing to exclude business records if the circumstances of their creation suggest they are not reliable. A trustworthiness clause acts as a correction mechanism to prevent the use of biased or poorly kept information. It stops applying once the party offering the records proves they were made in a standard way.
Admissibility Exception
Specific rules allow an evaluator to look beyond the basic requirements for business records. If a founder relies on a record made in anticipation of a legal proceeding, a trustworthiness clause might be used to keep it out of evidence. This ensures that only records made for business reasons are trusted.
Method Bias
Internal motivations can corrupt the accuracy of a recording process. A record that is consistently favorable to the creator might trigger a trustworthiness clause if the method of collection is not transparent. The cost of this suspicion is the loss of evidence that might have been vital to a case.
Evidence Foundation
Preparatory steps must be taken to show that the system used to create the record was functioning correctly. Overcoming a challenge based on a trustworthiness clause requires proof of regular maintenance and lack of human interference. This verification costs the organization in terms of administrative oversight and documentation.
