A record that otherwise qualifies as a "business record" for purposes of the hearsay exception for business records -- for records regularly kept as part of the regular activity of an organization -- may be excluded if either the source of the record or the manner in which the record was prepared shows that the record is untrustworthy.

Cf. Press Enterprise Co. v. uperior Cour of California, 478 U.S. 1, 15, 25-26 (1986) (Stevens, J., dissenting, with Rehnquist, J., concurring: "In brief, the Court's rationale for opening the 'California preliminary hearing' is that it 'is often the final and most important step in the criminal...The use of law for catharsis (a/k/a emotional "closure") influences the law of evidence and the process of proof in litigation.

Williams v. Missouri Pacific Railroad Company, 11 F.3d 132, 135 (10th Cir. 1993) (holding, in plaintiff injured worker's action against defendant railroad for damages, that evidence of past medical expenses, which have been paid, was....Although Federal Rule of Evidence 409 or a comparable State rule bars evidence of paying for or furnishing medical, hospital, or similar expenses if such evidence is offered to prove liability, such evidence is not barred by Rule 409 or a comparable State rule if the evidence is offered to show injury or damages.

United States v. Weinstock, 153 F.3d 272, 276 (6th Cir. 1998) (upholding trial court's admission of the Physician Practice Profile [consisting of statistical data generated from Blue Cross computers] as a business record....The hearsay exception for "business records" created by Federal Rule of Evidence 803(6) or a comparable State rule applies only (i) the record is based on the personal knowledge of an entrant with a business duty to record the event or other such matter or (ii) if the record of the event is based on the personal knowledge of a person who had a business duty to transmit the information about the event or other matter to the person or persons who made the record and had a business duty to do so. A person has a "business duty" if the person has a duty to an organization by reason of law, contract, employment relationship, or other such matter to record or report an event, condition, opinion, or other matter to which the business records exception to the hearsay rule may apply.