Which element is NOT a requirement for the business records exception?

In the context of the business records exception to the hearsay rule, the foundational requirements ensure that certain records can be admitted as evidence without the presence of the original creator. The correct response highlights that a record must not necessarily be "a written record processed by the employee" to qualify under this exception.

The primary elements required for the business records exception include that the record is made at or near the time of the event or activity it describes, that it was created by someone with knowledge of the information, and that it is part of the regular business activities of the organization. These criteria establish reliability and trustworthiness, allowing the record to be considered an accurate representation of the transaction or event.

The notion that a record must be written and processed directly by an employee is not a strict requirement. For instance, electronic records, digital entries, or data captured through automated means can still qualify as business records as long as they are generated within the regular course of business and meet the other criteria mentioned. Thus, the absence of the written aspect does not disqualify a record from being admitted under the business records exception.