2022 New York Laws
CVP - Civil Practice Law and Rules
Article 31 - 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.
  (d)  The  certification  authorized  by  this  rule  may be used as to
business records produced by non-parties whether or not  pursuant  to  a
subpoena  so long as the custodian or other qualified witness attests to
the facts set forth in paragraphs one, two and four of  subdivision  (a)
of this rule.