As identified by Attorney Jon Bruno on his excellent Pa. Super Blog, the Pennsylvania Superior Court provided an excellent analysis of the business records exception to the rule against hearsay in the case of Commonwealth v. Thomas, No. 429 WDA 2025 (Pa. Super. Sept. 21, 2026 Neuman, J., Lazarus, P.J., and Stabile, J.) (Op. by Stabile, J.).
This is another example of an appellate court decision in a criminal court case having possible applicability to the civil litigation arena.
At pags. 28-37 of the Opinion, the Superior Court reviewed the parameters of Pa. R.E. 803(6) regarding the business records exception.
The appellate court held that it was error to admit into evidence under the business records exception, a Pennsylvania State Police record that contained multiple layers of hearsay.
At a minimum, the Superior Court held that the business records exception was improperly applied because the law enforcement officer who testified about the record was not the custodian of the record or other qualified witness capable of laying the type of foundation required by Rule 803(6) for the exception to apply.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney Jon Bruno of the Pittsburgh law firm of Bruno Litigation, LLC for publicizing this Opinion on his excellent Pa. Super blog.






