California Evidence Code 1561 – (a) The records shall be accompanied by the affidavit of the …
(a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:
(1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records.
Terms Used In California Evidence Code 1561
- 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.
- Business: includes every kind of business described in Section 1270. See California Evidence Code 1560
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
(2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney’s representative, or deposition officer for copying at the custodian’s or witness’ place of business, as the case may be.
(3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event.
(4) The identity of the records.
(5) A description of the mode of preparation of the records.
(b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560.
(c) If the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian’s or witness’ place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying.
(Amended by Stats. 2016, Ch. 85, Sec. 2. (SB 1087) Effective January 1, 2017.)