Legal Question in Civil Litigation in Maryland
Non-party business records
In an attempt to get nonparty business records into evidence, I'd like to obtain an affidavit from the nonparty that establishes that the documents were prepared in the ordinary course of business. Can I subpoena the nonparty to produce an affidavit or certification or do I subpoena the nonparty to produce documents and include note that notifies the Custodian of Records that in exchange for these documents, I'd accept an affidavit or certification of authentication (and include the document I need authenticated in my subpoena).
1 Answer from Attorneys
Re: Non-party business records
There is a procedure for getting business records kept in the ordinary course of business certified, so that a live witness need not be called to authenticate the records. I suggest you find the Maryland Rules and look at Sec.5-803(b)(6) and 5-902(a)(11) to learn how to do this. If you can't access the rules on line, you can find them at the law library at your local courthouse.
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