The Texas Supreme Court, Misc. Docket No. 14-9080, dated April 2014, amends the time frame in Texas Rule of Evidence 902, for filing a business records affidavit from 14 days to 30 days prior to the hearing/trial. These amendments also change the form of the affidavit. The effective date of the change is September 1, 2014. The amendments may be change in response to comments received by July 1, 2014. Any interested party may submit written comments to the Rules Attorney Martha Newton at firstname.lastname@example.org.
You may read the proposed amendments to Rule of Evidence 902, by going to the Texas Supreme Court website www.supreme.courts.state.tx.us and then click on “Court Approves Evidence Rule 902 Amendments to Self-Authenticate Business Records.” These amendments need to be studied carefully. Please note the Comment to 2014 Change: “The word ‘affidavit’ in this rule includes an unsworn declaration made under penalty of perjury. TEX. CIV. PRAC. & REM. CODE Sec. 132.001. A record and affidavit may be served electronically, including by email. TEX. R. CIV. P. 21a. The reference to ‘any other requirements of law’ incorporates the requirements of Sections 18.001 and 18.002 of the Civil Practice and Remedies Code for affidavits offered as prima facie proof of the cost or necessity of services or medical expenses.”