Certain business memoranda and records may be admitted in evidence based on this affidavit without the necessity of proving them by a witness at trial or by a deposition; certain notice requirements must be met, and the affidavit and records must be filed with the clerk at least fourteen days before trial. Tex. R. Evid. 902(10). For a notice to other parties, see form 19-4 in this chapter. If a copy of this affidavit is served on the defendant or the defendant’s attorney, it should not be necessary to serve form 19-4 in addition to serving the affidavit. For a discussion of business records introduced by affidavit, see section 19.17:4.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Business Records Affidavit
BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant]. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated.
“I am the custodian of the records of [name of employer]. Attached hereto are [number] pages of records from [name of employer]. These records are kept by [name of employer] in the regular course of business, and it was the regular course of business of [name of employer] for an employee or representative of [name of employer] with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in the record, and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original.”
[Name of affiant]
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
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Attach a copy of each memorandum or record. |