(a) The records shall be accompanied by an affidavit of a custodian stating in substance that:

Terms Used In Tennessee Code 45-10-113

  • 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.
  • Custodian: means either the "immediate custodian" or any person to whom the "immediate custodian" reports, the auditor or any other person designated by a corporation's board of directors to respond to a subpoena issued pursuant to this chapter. See Tennessee Code 45-10-102
  • Financial institution: means a bank, savings and loan association, industrial loan and thrift company, credit union, mortgage broker, mortgage banker, or leasing company accepting deposits, making or arranging loans and making or arranging leases. See Tennessee Code 45-10-102
  • records: means any original document, any copy of an original document, or any information contained in the document, other than a customer's name, address, and account number, held by or in the custody of a financial institution, where the document, copy or information is identifiable as pertaining to one (1) or more customers of the institution. See Tennessee Code 45-10-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The affiant is duly authorized custodian of the records and has authority to certify the records;
(2) The copy is a true copy of all the records described in the subpoena; and
(3) The records were prepared by the personnel of the financial institution‘s business at or near the time of the act, condition or event reported therein.
(b) If the financial institution has none of the records described, or only part of the records, the custodian shall so state in the affidavit and file the affidavit and the records that are available in the manner prescribed in this chapter. The filing of an affidavit with respect to reasonable charges shall be sufficient proof of the expense, which shall be taxed as costs of court.
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