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ARKANSAS STATUTES AND CODES
§ 16-46-108 - Photographically reproduced records admissible in court.
16-46-108. Photographically reproduced records admissible in court.
(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying.
(2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule.
(3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause.
(b) A form for the affidavit of such person as shall make such affidavit as is permitted in subsection (a) of this section shall be sufficient if it follows this form, though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to wit:
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(a) (1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying.
(2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule.
(3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause.
(b) A form for the affidavit of such person as shall make such affidavit as is permitted in subsection (a) of this section shall be sufficient if it follows this form, though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to wit:
Click here to view form
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