What is a Business Records Affidavit?
Business records affidavits are often associated with court cases, but they can also be helpful in various situations, especially in business. All affidavits have similar characteristics, but some are especially useful to businesses to keep on hand in case they are needed.
Follow your jurisdiction’s procedures to ensure compliance, as each state governs how exactly to make an affidavit official. An affidavit of business records must also be attached to the documents when a court subpoenas a business to provide records. This will be performed in front of a notary public or other official.
In business records affidavits, the custodian of the documents swears to the accuracy of the information. It differs from state to state what information must be included in business records affidavits, and how strictly the rules are followed will affect the outcome of court proceedings.
Custodian of Records Affidavit
The company’s employee knowledgeable of the records signs an affidavit when it turns over records in response to a subpoena to verify the authenticity of the records. Often many subpoenas will include a form of affidavit that the custodian of the records is required to complete and return to the party that requested the records.
This custodian is someone who knows the ins and outs of how records are filed and stored. Records can be used in many cases involving businesses. The records need to show validity and be used on a day to day basis within the business. Making sure that it is composed of facts over opinions.
For example a psychiatrist’s client note taking systems. Making sure there is a routine record made of an act or condition that may come into question. The records must be made by someone who has knowledge and is required to report facts.
Keeping timely records is important. Being able to share a custodian of records affidavit with a court can impact your case in a good way. Having all the documentation in one place and showing the judge that it was signed by a trustworthy ‘custodian of records’.