Missouri SB 1320: Modifies provisions relating to the admissibility of business records as evidence

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1320
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
5037S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 490.692, RSMo, and to enact in lieu thereof one new section relating to
admissibility of certain evidence.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 490.692, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 490.692, 2
to read as follows:3
490.692. 1. Any records or copies of records 1
reproduced in the ordinary course of business by any 2
photographic, photostatic, microfilm, microcard, miniature 3
photographic, optical disk imaging, or other process which 4
accurately reproduces or forms a durable medium for so 5
reproducing the original that would be admissible under 6
sections 490.660 to 490.690 shall be admissible as a 7
business record, subject to other substantive or procedural 8
objections, in any court in this state upon the affidavit of 9
the person who would otherwise provide the prerequisites of 10
sections 490.660 to 490.690, that the records attached to 11
the affidavit were kept as required by section 490.680. 12
2. No party shall be permitted to offer such business 13
records into evidence pursuant to this section unless all 14
other parties to the action have been served with copies of 15
such records and such affidavit at least seven days prior to 16
the day upon which trial of the cause commences. 17

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3. The affidavit permitted by this section may be in 18
form and content substantially as follows: 19
20 THE STATE OF ______
21 COUNTY OF ______
22 AFFIDAVIT
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Before me, the undersigned authority, personally appeared
______, who, being by me duly sworn, deposed as follows:

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My name is ______, I am of sound mind, capable of making
this affidavit, and personally acquainted with the facts
herein stated:

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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.

40 __________________
41 Affiant
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[In witness whereof I have hereunto subscribed my name
and affixed my official seal this ______ day of ______,
20______.

45 __________________ __________________
46 (Signed) (Seal)]

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4. Notwithstanding any other provision of law to the 47
contrary, an affidavit offered pursuant to this section 48
shall not be deemed invalid for the reason that it utilizes 49
an electronic signature or digital signature. 50
5. Notwithstanding any other provision of law to the 51
contrary, an affidavit offered pursuant to this section 52
shall not be deemed invalid for the reason that it does not 53
include a notarization. 54
6. Notwithstanding any other provision of law to the 55
contrary, an affidavit offered pursuant to this section 56
shall be signed in a manner that, if falsely made, would 57
subject the signer to criminal penalties pursuant to section 58
575.040. 59
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