803(6) and 902(10): Business Records

Rule 803. Exceptions to the Rule Against Hearsay—Regardless of Whether the 
Declarant Is Available as a Witness...
The following are not excluded by the rule against hearsay, regardless of whether the declarant is 
available as a witness:

(6) Records of a Regularly Conducted Activity. A record of an act, event, condition, 
opinion, or diagnosis if: 
(A) the record was made at or near the time by—or from information 
transmitted by—someone with knowledge; 
(B) the record was kept in the course of a regularly conducted business activity; 
(C) making the record was a regular practice of that activity; 
(D) all these conditions are shown by the testimony of the custodian or another 
qualified witness, or by an affidavit or unsworn declaration that complies 
with Rule 902(10); and 
(E) the opponent fails to demonstrate that the source of information or the 
method or circumstances of preparation indicate a lack of trustworthiness.
“Business” as used in this paragraph includes every kind of regular organized activity 
whether conducted for profit or not

Rule 902. Evidence That Is Self-Authenticating 
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted...

(10) Business Records Accompanied by Affidavit. The original or a copy of a record that meets the requirements of Rule 803(6) or (7), if the record is accompanied by an affidavit that complies with subparagraph (B) of this rule and any other requirements of law, and the record and affidavit are served in accordance with subparagraph (A). For good cause shown, the court may order that a business record be treated as presumptively authentic even if the proponent fails to comply with subparagraph (A).
(A) Service Requirement. The proponent of a record must serve the record and the accompanying affidavit on each other party to the case at least 14 days before trial...
(B) Form of Affidavit. An affidavit is sufficient if it includes the following 
language, but this form is not exclusive. The proponent may use an unsworn 
declaration made under penalty of perjury in place of an affidavit.
1. I am the custodian of records [or I am an employee or owner] of 
__________ and am familiar with the manner in which its records 
are created and maintained by virtue of my duties and 
responsibilities.
2. Attached are ____ pages of records. These are the original records 
or exact duplicates of the original records.
3. The records were made at or near the time of each act, event, 
condition, opinion, or diagnosis set forth. [or It is the regular 
practice of __________ to make this type of record at or near the 
time of each act, event, condition, opinion, or diagnosis set forth in 
the record.]
4. The records were made by, or from information transmitted by, 
persons with knowledge of the matters set forth. [or It is the regular 
practice of __________ for this type of record to be made by, or 
from information transmitted by, persons with knowledge of the 
matters set forth in them.]
5. The records were kept in the course of regularly conducted business
activity. [orIt is the regular practice of __________ to keep this type 
of record in the course of regularly conducted business activity.]
6. It is the regular practice of the business activity to make the records.