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I've Googled but can not fine anything on the texas business records act, tex.rev.civ.stat.ann. art. 3737e that is referenced in a case I was reading. Can anyone help me locate this?

Posted

Excerpt from Texas Rules of Evidence Rule 902-

(10) Business Records Accompanied by Affidavit.

(a) Records or Photocopies; Admissibility; Affidavit; Filing. Any record or set of records or photographically reproduced copies of such records, which would be admissible under Rule 803(6) or (7) shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7), that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided further, that such record or records along with such affidavit are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen days prior to the day upon which trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit and such records shall be made available to the counsel for other parties to the actions or litigation for inspection and copying. The expense for copying shall be borne by the party, parties or persons who desire copies and not by the party or parties who file the records and serve notice of said filing, in compliance with this rule. Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule of Civil Procedure 21a fourteen days prior to commencement of trial in said cause.

(B) Form of Affidavit. A form for the affidavit of such person as shall make such affidavit as is permitted in paragraph (a) above shall be sufficient if it follows this form though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to-wit:

No ______________

John Doe ) IN THE ___________

(Name of Plaintiff) )

v. ) COURT IN AND FOR

)

John Roe )

(Name of Defendant) ) _________ COUNTY,

) TEXAS

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 said ___ pages of records are kept by ________ in the regular course of business, and it was the regular course of business by _______ for an employee or representative of _______, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to trasmit information thereof to be included in such record; and the record was made at or near the time or easonably soon thereafter. The records attached hereto are the original or exact duplicates of the original.

___________________________________

Affiant

SWORN AND SUBSCRIBED before me on the ___ day of ________, [20]__.

________________________________

Notary Public

Notary’s printed name:

_____________________________

My commission expires:

___________________

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