Massachusetts General Laws ch. 233 sec. 79J – Business records required to be produced in court; certification, admissibility and inspection; copies
Section 79J. A record kept by any business which is required to be produced in court by any party shall be certified by the affidavit of the person in custody thereof to be a true and complete record and shall be delivered by such business to the clerk of such court who shall keep the same in his custody until its production is called for at the trial or hearing by the party requiring the said record. Such record, so certified and delivered shall be deemed to be sufficiently identified to be admissible in evidence if admissible in all other respects. The party requiring the production of said record and, in the discretion of the court, any other party may examine said record in the custody of the clerk at any time before it is produced in court. The clerk upon completion of such trial or hearing shall notify such business that said record is no longer required and will be returned by mail unless an authorized representative of the business calls for the same at the office of said clerk within seven days of said notice.
Terms Used In Massachusetts General Laws ch. 233 sec. 79J
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A copy of such record made by the photographic process may be delivered to the clerk of such court in place of the original and, if certified as hereinbefore provided, shall be admitted in evidence equally with the original.