2005 Missouri Revised Statutes - § 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.

490.692. 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 ................, 19... . ...................... ......................... (Signed)

(Seal)

(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.).