Business Records Affidavit
A business records affidavit is used under Rule 803(6) of the Federal Rules of Evidence, Article VIII, Hearsay. An affidavit, with a business record attached, sworn to by the record keeping custodian of a business, may be accepted as evidence in a case.
The custodian may not have to appear in person to testify in a case, if the business records affidavit is submitted and accepted. This would save travel expenses, avoid lost time and productivity of an employee having to leave work to testify as a witness, and reduces the risk of a witness making harmful statements in court that might hurt a case.
The rule does require that the records must be kept in the normal course of business, as a regular practice, not specially prepared for litigation or a court case. A well kept record system can provide valuable information for business analysis and management, as well as being useful in preparing a business records affidavit, if needed.
For an example, see the sample form at business records affidavit.
Federal Rules of Evidence, Article VIII, Hearsay
Rule 803. Exceptions to the Rule Against Hearsay
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(6) Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:
(A) the record was made at or near the time by — or from information transmitted by — someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
(D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and
(E) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.
[This article is not to be considered as legal advice. Contact an attorney for legal advice.]