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Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

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  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. — 1.  Any records or copies of records reproduced in the ordinary course of business by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original that would be admissible under sections 490.660 to 490.690 shall be admissible as a business record, subject to other substantive or procedural objections, in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of sections 490.660 to 490.690, that the records attached to the affidavit were kept as required by section 490.680.

  2.  No party shall be permitted to offer such business records into evidence pursuant to this section unless all other parties to the action have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the cause commences.

  3.  The affidavit permitted by this section may be in form and content substantially as follows:

­

THE STATE OF ______
COUNTY OF ______
AFFIDAVIT
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 this affidavit, 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 of records are kept by ______ in the regular course of business, and it was the regular course of business of ______ for an employee or representative of ______ with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The records attached hereto are the original or exact duplicates of the original.
__________________
Affiant
In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.
__________________ __________________
(Signed) (Seal)

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(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, 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.).


---- end of effective   28 Aug 1994 ----

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