Business records can be vital to divorce or family law matters. Business records can become important in various ways.
Business records could comprise of many types: employment, medical, school, investment, retirement, banking, etc. In a divorce or family law case, business records could impact child custody, child support, spousal support, or the division of property and debt.
How Are Business Records Obtained?
Business records can be obtained in various ways. It might be that a letter is written to the business with an appropriate release to get the records. In other situations, a party’s lawyer may serve a subpoena on the business to get the records.
Sometimes, both parties consent to the release of the records. In other cases, one party may object to releasing the records. In that instance, a lawyer for one of the parties may file a motion to quash.
How Are Business Records Admitted in Court?
To get business records admitted in court — for the judge to view and rely on the records — there are three common ways to get the records admitted in court. The first way is where both parties stipulate to the admission of the records. The second way is where a custodian of records for the business comes into court to testify to the authenticity and accuracy of the records. The third way is through a business records affidavit.
What Is A Business Records Affidavit?
A business records affidavit is an affidavit signed by the custodian of records where they verify the authenticity and accuracy of the records. The affidavit is signed in front of a notary public.
With a business records affidavit, the business records normally come in so long as the affidavit and records are provided to all parties within a specific timeline before the trial date. In Missouri, the deadline is seven days before trial, but other states and localities can have different requirements.
Of course, a party can still object to certain information within the business records as being hearsay, opinion-based or not made in the ordinary course of business. In those instances, the judge ultimately has to rule on the admissibility of those portions of the records at dispute.
