§ 3122-A — Certification of business records

New York § 3122-A

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

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Rule 3122-a. Certification of business records. (a) Business records\nproduced pursuant to a subpoena duces tecum under rule 3120 shall be\naccompanied by a certification, sworn in the form of an affidavit and\nsubscribed by the custodian or other qualified witness charged with\nresponsibility of maintaining the records, stating in substance each of\nthe following:\n 1. The affiant is the duly authorized custodian or other qualified\nwitness and has authority to make the certification;\n 2. To the best of the affiant's knowledge, after reasonable inquiry,\nthe records or copies thereof are accurate versions of the documents\ndescribed in the subpoena duces tecum that are in the possession,\ncustody, or control of the person receiving the subpoena;\n 3. To the best of the affiant's knowledge, after reasonable inquiry,\nthe records or copies produced represent all the documents described in\nthe subpoena duces tecum, or if they do not represent a complete set of\nthe documents subpoenaed, an explanation of which documents are missing\nand a reason for their absence is provided; and\n 4. The records or copies produced were made by the personnel or staff\nof the business, or persons acting under their control, in the regular\ncourse of business, at the time of the act, transaction, occurrence or\nevent recorded therein, or within a reasonable time thereafter, and that\nit was the regular course of business to make such records.\n (b) A certification made in compliance with subdivision (a) is\nadmissible as to the matters set forth therein and as to such matters\nshall be presumed true. When more than one person has knowledge of the\nfacts, more than one certification may be made.\n (c) A party intending to offer at a trial or hearing business records\nauthenticated by certification subscribed pursuant to this rule shall,\nat least thirty days before the trial or hearing, give notice of such\nintent and specify the place where such records may be inspected at\nreasonable times. No later than ten days before the trial or hearing, a\nparty upon whom such notice is served may object to the offer of\nbusiness records by certification stating the grounds for the objection.\nSuch objection may be asserted in any instance and shall not be subject\nto imposition of any penalty or sanction. Unless objection is made\npursuant to this subdivision, or is made at trial based upon evidence\nwhich could not have been discovered by the exercise of due diligence\nprior to the time for objection otherwise required by this subdivision,\nbusiness records certified in accordance with this rule shall be deemed\nto have satisfied the requirements of subdivision (a) of rule 4518.\nNotwithstanding the issuance of such notice or objection to same, a\nparty may subpoena the custodian to appear and testify and require the\nproduction of original business records at the trial or hearing.\n (d) The certification authorized by this rule may be used as to\nbusiness records produced by non-parties whether or not pursuant to a\nsubpoena so long as the custodian or other qualified witness attests to\nthe facts set forth in paragraphs one, two and four of subdivision (a)\nof this rule.\n