52.260 - Record made in course of regularly conducted activity; affidavit required.
52.260 Record made in course of regularly conducted activity; affidavit required.
1. The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.
2. The custodian of the record or other qualified person must verify in the affidavit that the record was made:
(a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and
(b) In the course of the regularly conducted activity.
3. The affidavit required by subsection 2 must be in substantially the following form:
CERTIFICATE OF CUSTODIAN OF RECORDS
State of Nevada }
}ss.
County of............................................................ }
NOW COMES ................................, who after first being duly sworn deposes and says:
1. That the deponent is the ................ (position or title) ................ of ............... (name of employer) ................ and in his or her capacity as .............. (position or title) ................ is a custodian of the records of ............. (name of employer) ................
2. That ................. (name of employer) ................ is licensed to do business as a ................... in the State of ................
3. That on the ....... day of the month of ....... of the year ......., the deponent was served with a subpoena in connection with the above-entitled cause, calling for the production of records pertaining to ...................................
.......................................................................................................................................................
.......................................................................................................................................................
4. That the deponent has examined the original of those records and has made or caused to be made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.
5. That the original of those records was made at or near the time of the act, event, condition, opinion or diagnosis recited therein by or from information transmitted by a person with knowledge, in the course of a regularly conducted activity of the deponent or ............ (name of employer) ................
...............................................................................
Subscribed and sworn to before me, a Notary Public, on this ....... day of the month of ....... of the year .......
.......................................................................................................................................................
Notary Public ................ County, Nevada
My appointment expires:.........................................................................................................
4. A party intending to offer an affidavit pursuant to this section must serve on the other parties a notice of the intent and make available for inspection or copying the records of the regularly conducted activity at least 10 days before the records are to be introduced at a hearing, unless the court shortens this time for good cause shown.
5. If during a trial or a proceeding for discovery, the authenticity of a record of a regularly conducted activity is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the record or other qualified person and may order that the original records be produced.
6. For the purposes of this section:
(a) “Custodian of the records” means an employee or agent of an employer who has the care, custody and control of the records of the regularly conducted activity of the employer.
(b) “Employer” means:
(1) The State of Nevada, any state agency, county, city, town, school district or other unit of local government;
(2) Any public or quasi-public corporation; or
(3) Any other person, firm, corporation, partnership or association.
(c) “Records” means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by an employer.
(Added to NRS by 1995, 1727; A 2001, 27)