Nevada Revised Statutes 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.
Terms Used In Nevada Revised Statutes 52.260
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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:
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.