Meaning
Sworn statements confirm that a specific set of documents was created and maintained in the ordinary course of business. A custodian of records affidavit provides the legal foundation for introducing business records into a formal proceeding without requiring the original author to testify. It establishes that the records are what they claim to be and that the internal processes for keeping them are reliable.
Signatory Obligation
Personnel who sign the document take responsibility for the truth of the statements regarding how the records were gathered. A custodian of records affidavit involves an individual who has personal knowledge of the filing system even if they did not create every individual page. This person must be able to describe the process of storage and retrieval if called to do so.
Authentic Origin
Evidence of a reliable source prevents the introduction of fraudulent or altered documents into a dispute. By using a custodian of records affidavit, a founder provides a link between a pile of paper and a defensible legal exhibit. It costs the organization in terms of the time needed for the custodian to review the documents and the legal fees for drafting the statement.
Procedural Weight
Administrative standards dictate the specific language and format required for the statement to be accepted by a third party. The power of a custodian of records affidavit stops at the point where the content of the records is challenged as false, as it only proves that the records exist and were kept properly. It does not prove the truth of the individual facts within the records, only that the records themselves are genuine business outputs.
