Key Takeaways

  • A business records affidavit authenticates business records for court use without requiring live testimony.
  • In federal court, affidavits are governed by Rule 803(6) of the Federal Rules of Evidence, which allows records kept in the regular course of business to be admissible.
  • A federal court business records affidavit template sample typically includes the custodian’s identity, a description of the records, confirmation of how they were kept, and acknowledgment under penalty of perjury.
  • Business records affidavits are widely used in civil, family, and criminal cases to support evidence while saving costs and time.
  • Exhibits should be attached, labeled, and referenced properly to strengthen the affidavit.
  • Errors in completion or improper notarization may result in exclusion of the affidavit from evidence.
  • State laws may supplement federal requirements, so both must be considered.

Knowing how to fill out a business records affidavit is a useful skill for people involved in business. To fill out such an affidavit, follow these steps:

  1. Download an affidavit form that suits your purpose from the internet, or use the one issued by a requester.
  2. Type or write the name of the county and state in which you're signing the affidavit in the appropriate section on the provided form. The entity issuing the subpoena, or the legal order demanding business records, would have already supplied the name of the location from which the subpoena was being issued.
  3. Type or write your complete legal name in the appropriate section, which is usually labeled “custodian's name.” You'll be required to provide an ID to the notary public who will legally certify your signature on the affidavit. Therefore, make sure your given name on the affidavit matches the one on your ID.
  4. Type, write, or print the name of the document(s) you're providing the affidavit for (in this case, a business record).
  5. Visit a notary public to verify your signature and ID.
  6. Affirm the authenticity of the affidavit by oath. The way oaths are worded may differ from one notary public to another. However, the essence of affirmation is to verify that the document is authentic, under penalty of perjury, or lying under oath.
  7. Sign the affidavit on the dotted line, print your name if the form requires it, and present your ID to the notary public for verification. The kinds of oaths that a notary public administers and the kinds of ID that are considered valid are determined by state laws.

What Is an Affidavit?

An affidavit is a documented, sworn testimony witnessed by someone authorized to legally administer oaths. Other definitions of an affidavit are:

  • A statement made under oath
  • A sworn statement of facts
  • A notarized declaration

What Is a Business Records Affidavit?

A business records affidavit is a sworn statement made by a records custodian or other qualified person to confirm the authenticity of documents kept in the ordinary course of business. Instead of requiring live testimony, the affidavit verifies that the records meet evidentiary standards. In federal court, these affidavits are often tied to Rule 803(6) of the Federal Rules of Evidence, which governs the business records exception to hearsay. A properly prepared affidavit can make financial, employment, medical, or transaction records admissible without live witness testimony, streamlining litigation.

Uses of an Affidavit

As a general rule, an affidavit is used by an affiant, or the person who makes a declaration within an affidavit, to do the following:

  • Affirm the truth about something, such as the identity of a person, to the best of their knowledge
  • Officially provide evidence in court, such as narrating the events that led to an assault

Though affidavits are used for several purposes, their main use is to affirm the authenticity of information for use in court. In certain cases, a lawyer uses the affidavit of an entity to spare them the inconvenience of appearing in court. Affidavits can save significant money and time in various legal proceedings.

For an affidavit to be valid, it must be signed by someone who is of sound mind. That means a person who is mentally capable of grasping the meaning and implications of the affidavit's content, part of which is the penalty for lying under oath, or perjury.

Role in Federal Court Proceedings

In federal court, a business records affidavit is a practical tool for introducing evidence. It allows parties to present banking statements, payroll records, school transcripts, or corporate ledgers without calling the custodian to testify in person. This process not only reduces trial costs but also avoids delays. A federal court business records affidavit template sample will generally include:

  • A statement identifying the custodian or qualified witness.
  • Confirmation that the records were created at or near the time of the events they describe.
  • A declaration that the records were kept in the regular course of business.
  • Verification that making such records is a routine practice.

If these elements are present, the affidavit satisfies the foundation required for admissibility.

Who Can Swear an Affidavit?

Usually, people who sign affidavits are older than 18. However, there are no official age limits. That means a minor could swear an affidavit if there's a legal need, for instance, to provide evidence in a family legal proceeding. The essence of swearing an affidavit is to ensure the truthfulness of a declaration, which is why lying under oath is taken seriously by the legal system.

Requirements for Custodians of Records

The individual signing a business records affidavit is usually the custodian of records or a person with sufficient knowledge of how the records are maintained. They must be able to:

  • Confirm familiarity with the organization’s record-keeping system.
  • Verify that the attached records are accurate copies.
  • Swear to these facts under oath, often before a notary public.

Courts generally accept affidavits from clerks, administrators, or compliance officers who routinely handle the records. In family law cases, for example, a school registrar may provide a business records affidavit to authenticate attendance logs.

Perjury

The severity of the legal consequences of lying under oath can depend on the legal jurisdiction. However, perjury is a crime. The consequences of falsely swearing an affidavit can be anything from paying a fine to imprisonment. Therefore, it is important to be honest even when legal communications are taking place via affidavits and not in person in a court proceeding. Many affidavits contain the statement that they are signed with the complete acknowledgment of the consequences of perjury, but that language is not always necessary.

Federal Rules and Hearsay Exception

Business records are normally considered hearsay because they are out-of-court statements offered for their truth. However, under Federal Rule of Evidence 803(6), business records are admissible if authenticated by affidavit. The custodian swears that the records were created contemporaneously, kept regularly, and maintained in the usual business process. If the affidavit is false, the signer risks perjury charges, which may carry significant penalties.

Exhibits

It is good practice to attach photographs, documented statements, or other items, or “exhibits," to lend further credence to the information in an affidavit. The attachment can be placed at the end of the document. It is a standard requirement to label each attached exhibit for ease of reference, for example, “Exhibit A,” Exhibit B, and so on.

Common Examples of Records Used

Business records affidavits can be used to admit a wide variety of documents, including:

  • Financial records such as bank statements or invoices.
  • Employment files, payroll ledgers, or HR records.
  • School or medical records in family law or custody cases.
  • Corporate records like shareholder ledgers, board minutes, or internal reports.

Attaching these records as exhibits with proper labeling (“Exhibit A,” “Exhibit B”) ensures the affidavit is clear and useful to the court.

Notary Public

Typically, a notary will verify your passport, driver's license, or some other ID to affirm your identity before letting you sign the affidavit. It is a requirement for the notary to administer an oath to the person signing the affidavit before it can be signed. Usually, the signing is done in the notary's presence. Some states disallow notaries from charging for their services, while some notaries, in other states, may charge a fee.

Practical Tips for Completing an Affidavit

When filling out a federal court business records affidavit template sample, keep these best practices in mind:

  1. Use the correct form – Some courts provide official affidavit templates; others may accept standardized legal forms.
  2. Be specific – Identify the records precisely (e.g., “XYZ Bank statements dated January 1–March 31, 2024”).
  3. Include exhibits – Attach the records, properly labeled, at the end of the affidavit.
  4. Check jurisdiction rules – While federal rules apply broadly, individual states may impose additional requirements.
  5. Notarization – Always sign before a notary to ensure the affidavit’s validity.

Mistakes such as vague descriptions, missing exhibits, or unsigned affidavits can result in exclusion from evidence.

Frequently Asked Questions

  1. What is a federal court business records affidavit template sample?
    It is a model affidavit form used to authenticate records for federal court under Rule 803(6), confirming that documents are kept in the normal course of business.
  2. Who can sign a business records affidavit?
    The custodian of records or a qualified witness familiar with the record-keeping system can sign.
  3. Why are business records affidavits important in federal court?
    They allow records to be admitted as evidence without requiring live testimony, saving time and costs.
  4. What documents are typically attached as exhibits?
    Bank statements, payroll ledgers, school records, corporate filings, or medical records are commonly attached.
  5. What happens if the affidavit is not completed correctly?
    Errors such as missing notarization, incomplete information, or vague descriptions may lead the court to exclude the affidavit from evidence.

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