Business records or copies admissible as evidence on affidavit of custodian, when
When a business keeps records (like files, photos, or digital scans) as a normal part of doing business, those records can be used as evidence in a Missouri court. Instead of bringing in a person to explain the records in court, the record-keeper can sign a sworn statement (called an affidavit) saying the records were kept properly. However, the party wanting to use these records must send copies of the records and the affidavit to all other parties at least seven days before the trial starts.
490.692. s or copies on of , when — procedure — notice and copies of s to be on all parties, when — form of affidavit. — 1. Any records or copies of records reproduced in the ordinary course of business by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk imaging, or other which accurately reproduces or forms a durable medium for so reproducing the original that would be under sections 490.660 to 490.690 shall be admissible as a business record, subject to other or objections, in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of sections 490.660 to 490.690, that the records attached to the affidavit were kept as required by section 490.680.
2. No shall be permitted to offer such business records into this section unless all other parties to the have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the commences.
3. The affidavit permitted by this section may be in form and content substantially as follows:
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Source & history notes
(L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963) Banking records admissible in evidence by affidavit, when, filing form, 362.413 (2000) Department of Revenue records properly certified pursuant to section 302.312 could not be excluded due to lack of service as required by section. Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).
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Interpretation and construction
RSMo 490.690
Courts to take judicial notice of population
RSMo 490.700
Records, competent evidence, when
RSMo 490.680
Advance payment predicated on possible tort liability not admissible in evidence
RSMo 490.710
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RSMo 490.670
Collateral source rule and payments rendered prior to trial, admissibility of evidence
RSMo 490.715
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.