Missouri Laws 490.692 – Business records or copies admissible as evidence on affidavit of ..
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 process which accurately reproduces or forms a durable medium for so reproducing the original that would be admissible under sections 490.660 to 490.690 shall be admissible as a business record, subject to other substantive or procedural 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 party shall be permitted to offer such business records into evidence pursuant to this section unless all other parties to the action have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the cause commences.
Terms Used In Missouri Laws 490.692
- 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.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
3. The affidavit permitted by this section may be in form and content substantially as follows:
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| THE STATE OF ______ | ||
| COUNTY OF ______ | ||
| AFFIDAVIT | ||
| Before me, the undersigned authority, personally appeared ______, who, being by me duly sworn, deposed as follows: | ||
| My name is ______, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: | ||
| I am the custodian of the records of ______. Attached hereto are ______ pages of records from ______. These ______ pages of records are kept by ______ in the regular course of business, and it was the regular course of business of ______ for an employee or representative of ______ with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The records attached hereto are the original or exact duplicates of the original. | ||
| __________________? | ||
| Affiant | ||
| In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______. | ||
| __________________? | __________________? | |
| (Signed) | (Seal) | |
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