Business Record Affidavit (TX)

by Practical Law Litigation

This Standard Document offers a template for crafting a business record affidavit in Texas business, district, and county courts. It provides integrated drafting notes that clarify key aspects, such as ensuring the affidavit meets the Texas Rules of Evidence (TRE) requirements for authenticity and hearsay exceptions. The document outlines essential components, including the caption, venue designation, and introduction, which affirm the affiant's competence and personal knowledge of the records. It emphasizes the importance of identifying records accurately, stating the number of pages, and confirming whether they are originals or exact copies. Additionally, it addresses the necessity of statements supporting the records' admission under TRE 803(6), highlighting the regular practice of record-keeping within the business entity. The Standard Document also covers the absence of records, providing language to establish the nonoccurrence of events typically recorded. For affidavits related to medical expenses, it includes additional language to comply with Texas Civil Practice and Remedies Code § 18.002(b-1). The conclusion ensures no unauthorized additions, while the signature and jurat sections detail the requirements for notarization, including online procedures effective from the current year. This resource is valuable for legal professionals seeking to authenticate business records efficiently and comply with procedural rules in Texas litigation.