The form of this affidavit is addressed in rule 902(10) of the Texas Rules of Evidence. The business records and the affidavit must be served on each other party to the case at least fourteen days before the trial begins. Tex. R. Evid. 902(10)(A). See the practice notes at section 8.58 concerning affidavits generally.
An unsworn declaration may be used in place of an affidavit. See section 8.58. For a declaration for business records, see form 5-31.
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Include the following notice if a minor is named in the caption or if the affidavit contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Affidavit for Business Records
[Name] appeared before me today and stated under oath:
“My name is [name]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
“1. I am [the custodian of records/an [employee/owner]] of [name] and am familiar with the manner in which its records are created and maintained by virtue of my duties and responsibilities.
“2. Attached are [number] pages of records. These are the original records or exact duplicates of the original records.
“3. [The records were made at or near the time of each act, event, condition, opinion, or diagnosis set forth./It is the regular practice of [name] to make this type of record at or near the time of each act, event, condition, opinion, or diagnosis set forth in the record.]
“4. [The records were made by, or from information transmitted by, persons with knowledge of the matters set forth./It is the regular practice of [name] for this type of record to be made by, or from information transmitted by, persons with knowledge of the matters set forth in them.]
“5. [The records were kept in the course of regularly conducted business activity./It is the regular practice of [name] to keep this type of record in the course of regularly conducted business activity.]
“6. It is the regular practice of the business activity to make the records.”
[Name], Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas