2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3122-A - Certification of business records.

 
    Rule  3122-a.  Certification of business records. (a) Business records
  produced pursuant to a subpoena duces tecum under  rule  3120  shall  be
  accompanied  by  a  certification, sworn in the form of an affidavit and
  subscribed by the custodian or  other  qualified  witness  charged  with
  responsibility  of maintaining the records, stating in substance each of
  the following:
    1. The affiant is the duly authorized  custodian  or  other  qualified
  witness and has authority to make the certification;
    2.  To  the best of the affiant's knowledge, after reasonable inquiry,
  the records or copies thereof are accurate  versions  of  the  documents
  described  in  the  subpoena  duces  tecum  that  are in the possession,
  custody, or control of the person receiving the subpoena;
    3. To the best of the affiant's knowledge, after  reasonable  inquiry,
  the  records or copies produced represent all the documents described in
  the subpoena duces tecum, or if they do not represent a complete set  of
  the  documents subpoenaed, an explanation of which documents are missing
  and a reason for their absence is provided; and
    4. The records or copies produced were made by the personnel or  staff
  of  the  business, or persons acting under their control, in the regular
  course of business, at the time of the act, transaction,  occurrence  or
  event recorded therein, or within a reasonable time thereafter, and that
  it was the regular course of business to make such records.
    (b)  A  certification  made  in  compliance  with  subdivision  (a) is
  admissible as to the matters set forth therein and as  to  such  matters
  shall  be  presumed true. When more than one person has knowledge of the
  facts, more than one certification may be made.
    (c) A party intending to offer at a trial or hearing business  records
  authenticated  by  certification subscribed pursuant to this rule shall,
  at least thirty days before the trial or hearing, give  notice  of  such
  intent  and  specify  the  place  where such records may be inspected at
  reasonable times. No later than ten days before the trial or hearing,  a
  party  upon  whom  such  notice  is  served  may  object to the offer of
  business records by certification stating the grounds for the objection.
  Such objection may be asserted in any instance and shall not be  subject
  to  imposition  of  any  penalty  or  sanction. Unless objection is made
  pursuant to this subdivision, or is made at trial  based  upon  evidence
  which  could  not  have been discovered by the exercise of due diligence
  prior to the time for objection otherwise required by this  subdivision,
  business  records certified in accordance with this rule shall be deemed
  to have satisfied the requirements of  subdivision  (a)  of  rule  4518.
  Notwithstanding  the  issuance  of  such  notice or objection to same, a
  party may subpoena the custodian to appear and testify and  require  the
  production of original business records at the trial or hearing.