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To be admissible under the hearsay rule's business records exception set out in Federal Rule of Evidence 803(6), the record in question must have been "kept in the ordinary course of a regularly conducted business activity." Many electronic records, however, remain in a company's files only because the company had a duty to preserve them once it reasonably anticipated litigation or a government subpoena. The company otherwise typically would have deleted those electronically stored data in thedoi:10.7916/stlr.v11i0.3845 fatcat:25iuwt7d3bf3nkkoj7ivd4h7nq