Which of the Following Is Not One of the Foundation

Which of the following is not one of the foundation requirements for the admissibility of the absence of a record as an exception to hearsay?

A) The proponent of the evidence must show that records are kept in the regular course of business and that the business regularly kept records.
B) The absence of the records concerns matters that regularly were recorded by the business.
C) The person who would have recorded the missing information is available to testify.
D) The judge must be confident that the absence of a record is a reliable indicator that an event did not occur.