This template is a declaration of a business records custodian that may be used to authenticate business records and lay the predicate for their admission into evidence in a civil action in Texas district or county court. This template includes practical guidance and drafting notes. Business records may be self-authenticated under an exception to the hearsay rule. See Tex. R. Evid. 902(10); see also Tex. R. Evid. 803(6), (7). Records qualify as business records if the following are true: • The record was made at or near the time by—or from information transmitted by— someone with knowledge • The record was kept in the course of a regularly conducted business activity • Making the record was a regular practice of that activity • All these conditions are shown by the testimony of the custodian or another qualified witness, or by an affidavit or unsworn declaration that complies with Tex. R. Evid. 902(10) –and– • The opponent fails to demonstrate that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness See Tex. R. Evid. 803(6). Note that a "business" for this purpose includes every kind of regular organized activity whether conducted for profit or not. Tex. R. Evid. 803(6). Although Tex. R. Evid. 902(10) refers to use of an affidavit, a party may use an unsworn declaration, made under penalty of perjury, in lieu of an affidavit. See Tex. R. Evid. 902(10)(B); see also Tex. Civ. Prac. & Rem. Code § 132.001; Tex. R. Evid. 902(10), comment to 2014 change ("The word 'affidavit' in this rule includes an unsworn declaration made under penalty of perjury."). The declarant must be a person qualified to testify to the necessary facts; typically, the records custodian or someone familiar with the business's record-keeping processes is qualified to make the declaration. You should request that any party or other person or entity (e.g., nonparty subject to subpoena for document production) whom you have requested to produce documents complete and sign a declaration such as this, at least with respect to any documents that you anticipate using at trial. You must serve the records and the accompanying declaration (or affidavit) on each party to the case at least 14 days before trial, but you need not file the records or the declaration with the court. Tex. R. Evid. 902(10)(A). The business records are self-authenticating if the records and a complying declaration are served as required by the rule. If you fail to serve the records and declaration as required, the court may nevertheless order, for good cause shown, that the records be treated as presumptively authentic. Tex. R. Evid. 902(10). For more on service generally, see E-filing and E-service in State Court (TX) and Filing and Serving Paper Documents Checklist (TX). For a discussion of production of documents generally, see Document Requests: Drafting and Serving RFPs and Handling Responses (TX) and Document Requests: Responding to RFPs (TX). For related checklists and templates, see Document Requests: Drafting and Serving RFPs Checklist (TX), Document Requests: Responding to RFPs Checklist (TX), Objections and Responses to Requests for Production of Documents (TX), and Requests for Production of Documents (RFPs) (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX).