Form 5-95

If the attorney sends a nonparty a business records affidavit for the nonparty’s custodian of records to complete and return with the requested records, the attorney may include a letter asking for the execu­tion of the affidavit in order to avoid having to depose the business records custodian or having to compel the testimony of the custodian at trial. An unsworn declaration may be used in lieu of the affi­davit. See section 8.58 of the practice notes.

Letter to Nonparty Requesting Execution of Affidavit or Declaration for Business Records

[Date]

[Name and address of nonparty]

Re:   [style of case]
Cause No. [number]

[Salutation]

With this letter, please find an official subpoena by the state of Texas issued on behalf of [name of client] in the above-styled and -numbered legal action. The purpose of this corre­spondence is to inform the intended recipient of the subpoena that [his/her] personal appear­ance at the designated location for the production of records will not be required if—

1.the appropriate custodian of the records completes and executes the enclosed [affi­davit/declaration] for business records [include if applicable: in the presence of a notary pub­lic],

2.the completed and executed [affidavit/declaration] for business records is attached to the requested records, and

3.these documents are delivered to my office at [address, city, state, zip code] before the due date for the records stated in the subpoena.

I appreciate your cooperation in this matter and hope we can resolve it with as little inconvenience to you and your staff as possible. If you have any questions, please feel free to contact my office. Thank you for your attention to this matter.

Sincerely,

   
[Name of attorney]

Enc.

c: [name of client]