Business Records Affidavits – Why You Might Need One

 If you are going through a divorce or family law case, you may need to use business records as evidence. Business records are any documents that relate to a business, such as: work, health, education, investment, retirement, banking, and so on. Business records can affect various aspects of your case, such as child custody, child support, spousal support, or property and debt division.

How can you get business records?

 

There are different ways to get business records. Sometimes, you can just write a letter to the business and ask for the records, if you have the proper authorization. Other times, you may need to have your lawyer send a subpoena to the business to get the records, after letting the other side know.

 

In some cases, both parties agree to share the records. In other cases, one party may not want to share the records. Then, the party who does not want to share the records may have their lawyer file a motion to quash. This means that they ask the judge to stop the other party from getting the records. The judge will then decide whether the records should be shared or not.

 

How can you use business records in court?

 

To use business records in court, you have to show them to the judge and make sure they are reliable and relevant. There are three common ways to do this. The first way is where both parties agree to use the records. The second way is when someone who works for the business comes to court and says that the records are true and accurate. The third way is when someone who works for the business signs an affidavit that says that the records are true and accurate.

 

What Is a Business Records Affidavit?

 

A business records affidavit is an affidavit by the custodian of records, signed in front of a notary, where they verify the authenticity and accuracy of the records. With an affidavit, you can usually use the records in court as long as you give a copy of the affidavit and the records to all parties before the trial. In Texas, the deadline is fourteen days before trial.

 

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.

 

If you have questions about how to use certain types of records in your divorce case, you should consult with a board-certified family law attorney. They can help you with all aspects of your case and ensure that you are able to protect your assets in a divorce.