(a) The records shall be accompanied by an affidavit of a custodian stating in substance:

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Terms Used In Tennessee Code 49-50-1506

  • 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.
  • Custodian: means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. See Tennessee Code 49-50-1502
  • Educational institution: means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade. See Tennessee Code 49-50-1502
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Subpoena: A command to a witness to appear and give testimony.
(1) That the affiant is the duly authorized custodian of the records and has authority to certify the records;
(2) That the copy is a true copy of all the records described in the subpoena;
(3) That the records were prepared by the personnel of the educational institution or persons acting under the educational institution’s control in the ordinary course of business at or near the time of the act, condition or event reported therein; and
(4) Certifying the amount of the reasonable charges of the educational institution for furnishing the copies of the record.
(b) If the educational institution has none or only a portion of the records described, the custodian shall so state in the affidavit and file the affidavit and the records that are available in the manner described in §§ 49-50-1503 and 49-50-1504.
(c) The filing of the affidavit with respect to reasonable charges shall be sufficient proof of the expense, which shall be taxed as costs of court.
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