Law Court invites amicus briefs
regarding the admissibility of business records
that include records of other businesses
without testimony of records custodians
from the other businesses


The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of The Bank of New York Mellon v. Danielle Shone et al., Law Court docket number Cum-19-48, on the following two issues:

1.  Should the Court consider adjusting application of the business records exception to the hearsay rule, M.R. Evid. 803(6), to track application of Fed. R. Evid. 803(6) as addressed in U.S. Bank Trust, N.A. v. Jones, 925 F.3d 534 (1st Cir. 2019)?

2.  Would application of Rule 803(6) as addressed in Jones change the result in this case?

The parties' briefs and the appendix are available at the links above.  

An amicus brief, which may not exceed ten pages (exclusive of the required tables, signature block, and certificate of service on the parties) may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before November 1, 2019.  An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A.  In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to

Dated:  September 13, 2019

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine  04101
(207) 822-4146