If business records are sought to be admitted in evidence on affidavit at trial, a business records affidavit and the accompanying records must be filed with the clerk of the court at least fourteen days before trial commences, and the other parties to the suit, including the defendant or the defendant’s attorney, if he has one, must be given prompt notice of the filing of the records and affidavit. Tex. R. Evid. 902(10). Service of the notice may be made by any method authorized by rule 21a. Tex. R. Evid. 902(10). For a business records affidavit, see form 19-3 in this chapter. If a copy of form 19-3 is served on the defendant or the defendant’s attorney, it should not be necessary to serve this notice in addition to serving the affidavit. For a discussion of business records introduced by affidavit, see section 19.17:4.
Notice to Other Party of Filing of Business Records Affidavit
[Date]
[Name and address of defendant’s attorney]
Re: [style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Pursuant to the provisions of rule 902 of the Texas Rules of Evidence, [name of affiant], an employee of [name of employer], has executed an affidavit in support of certain business memoranda or records relevant to the referenced cause.
The affidavit and copies of the records have been filed with the court clerk for inclusion with the papers in the referenced cause and are available for your inspection and copying. The business records are to be used as evidence at the trial of the referenced cause.
Sincerely yours,
[Name of attorney]
Certified Mail No. [number]
Return Receipt Requested
c: [court clerk]