Tuesday, September 17, 2013

Business Records

Family Law is extremely document intensive.  When dividing up assets and other items, it is often necessary to get large volumes of documents from banks, loan companies, etc.  Instead of having to call the records custodian for each entity for trial purposes, Rule 901 (11)(A) and (C) provides a cost effective way to get them in.  Simply get a records custodian affidavit, send opposing counsel a complete copy of the records with a records custodian affidavit, and then after fifteen days or so, get a hearing to have the records admitted as the business records exception to the hearsay rule.  Sometimes, items in the records will need to be fitted into an exception to the hearsay rule also.  However, the only time this is normally an issue is with doctor's records.

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