There is a hearsay exception for a memorandum, report, record, or data compilation, 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, if kept in the course of a regularly conducted activity of a business, institution, association, profession, occupation, or calling if it was the regular practice of that business, institution, association, profession, occupation, or calling to make the memorandum, report, record or data compilation, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

United States v. Abou-Saada, 785 F.2d 1, 8 (1st Cir. 1986) (holding that the pointing constituted hearsay evidence because it was a conduct intended as an assertion and it would not be admissible against defendant as a....Nonverbal conduct can be a "statement" for purposes of the federal prohibition against hearsay and, thus, nonverbal conduct can be "hearsay."

United States v. Swan, 486 F.3d 260, 264-265 (7th Cir. 2007) (upholding trial court's admission of agent's testimony as to attorney's statement as an admission of a party by an agent because "the government....A statement is imputed to a principal or to an employer and is treated as the principal's or employer's vicarious admission (which, like other admissions is exempt from the hearsay rule) if the principal or employer is a party, the statement is offered against the principal or party, the statement is a statement by the party's agent or employee about a matter within the scope of the agent's agency or the employee's employment, and the statement is made during the principal-agent or employer-employee relationship.

United States v. Jenkins, 345 F.3d 928, 935 (6th Cir. 2003) (upholding trial court's admission into evidence of the mailing labels from packages as business records since the qualified witness "was familiar with the....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.