362.413. Reproduction of records--admissible in evidence--affidavit in lieu of appearance. - Missouri Statutes

Reproduction of records--admissible in evidence--affidavit in lieu ofappearance.

362.413. 1. Anything in the law to the contrary notwithstanding,every bank and every trust company organized under the laws of this stateand every national banking association and every other bank incorporatedunder the laws of the United States having its place of business in thisstate may cause any and all records, memorandum, writings, entries, prints,representations or combinations thereof, of any act, transaction,occurrence, or event kept or recorded by such corporation to be recorded,copied, or reproduced by any photographic, photostatic, microfilm,microcard, miniature photographic, optical disk imaging, or othercomparable or different process which accurately reproduces or forms adurable medium for so reproducing the original, and may thereafter causethe originals to be destroyed. Such reproductions shall be deemed to be anoriginal record for all purposes and shall be admissible in evidence in allcourts and administrative agencies whether the original is in existence ornot. Any enlargement or facsimile of such reproduction, when certified bythe president, any vice president, the cashier or secretary, andauthenticated by the seal of such corporation, shall be received as primafacie evidence with like effect as such reproduction. The introduction ofa reproduced record, or of an enlargement or facsimile of a reproducedrecord shall be a sufficient substitute for the original.

2. Any records or copies of records that would be admissible undersection 490.250, RSMo, and sections 490.660 to 490.690, RSMo, shall beadmissible as a business record, subject to other substantive or proceduralobjections, in any court in this state upon the affidavit of the person whowould otherwise provide the prerequisites of section 490.250, RSMo, andsections 490.660 to 490.690, RSMo, that the records attached to theaffidavit were kept as required by section 490.680, RSMo.

3. No party shall be permitted to offer such business records intoevidence pursuant to this section unless all other parties to the actionhave been served with copies of such records and such affidavit at leastseven days prior to the day upon which trial of the cause commences.

4. The affidavit permitted by this section may be in form and contentsubstantially as follows:THE STATE OF ...........................COUNTY OF ..............................

AFFIDAVIT

Before me, the undersigned authority, personally appeared........................., who, being by me duly sworn, deposed as follows:

My name is ......................................., I am of soundmind, capable of making this affidavit, and personally acquainted with thefacts herein stated:

I am the custodian of the records of .............. . Attached heretoare ............. pages of records from ........................ . These.......... pages of records are kept by ............................ in theregular 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 transmitinformation thereof to be included in such record; and the record was madeat or near the time of the act, event, condition, opinion or diagnosis.The records attached hereto are the original, exact duplicates of theoriginal, or, accurate reproductions of the original records as permittedby subsection 1 of section 362.413, RSMo.

..............................................

Affiant

In witness whereof I have hereunto subscribed my name and affixed myofficial seal this ................ day of ................, ..... ................................... ..................................(Signed) (Seal)

5. Upon compliance with this section, the affiant shall not berequired to appear in person before a court to certify and authenticatesuch documents.

(L. 1963 p. 455 § 1, A.L. 1971 S.B. 163, A.L. 1995 S.B. 178, A.L. 1998 S.B. 792)