Statutes > Missouri Statutes > Title XXXIII — EVIDENCE AND LEGAL ADVERTISEMENTS > Chapter 490 Evidence > 490.692. Business records or copies admissible as evidence on affidavit of custodian, when--filing procedure--notice and copies of records to be served on all parties, when--form of affidavit.
Business records or copies admissible as evidence on affidavit ofcustodian, when--filing procedure--notice and copies of records to beserved on all parties, when--form of affidavit.
490.692. 1. Any records or copies of records reproduced in the ordinarycourse of business by any photographic, photostatic, microfilm, microcard,miniature photographic, optical disk imaging, or other process whichaccurately reproduces or forms a durable medium for so reproducing theoriginal that would be admissible under sections 490.660 to 490.690 shall beadmissible as a business record, subject to other substantive or proceduralobjections, in any court in this state upon the affidavit of the person whowould otherwise provide the prerequisites of sections 490.660 to 490.690, thatthe records attached to the affidavit were kept as required by section490.680.
2. No party shall be permitted to offer such business records intoevidence pursuant to this section unless all other parties to the action havebeen served with copies of such records and such affidavit at least seven daysprior to the day upon which trial of the cause commences.
3. The affidavit permitted by this section may be in form and contentsubstantially as follows: THE STATE OF. COUNTY OF.
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 thisaffidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of . . Attached hereto are. pages of records from . . These . pages ofrecords are kept by . in the regular course of business, and itwas the regular course of business of . for an employee orrepresentative of . with knowledge of the act, event, condition,opinion, or diagnosis recorded to make the record or to transmit informationthereof to be included in such record; and the record was made at or near thetime of the act, event, condition, opinion or diagnosis. The records attachedhereto are the original or exact duplicates of the original.
In witness whereof I have hereunto subscribed my name and affixed myofficial seal this . day of . 20. . . (Signed)
(L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963)CROSS REFERENCE:
Banking records admissible in evidence by affidavit, when, filing form, RSMo 362.413
(2000) Department of Revenue records properly certified pursuant to section 302.312 could not be excluded due to lack of service as required by section. Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).