What is a Custodian of Records Declaration Form in California?

Definition & Meaning

A Custodian of Records Declaration form in California is a legal document that serves as a sworn statement, often referred to as an affidavit. This form is crucial for authenticating business or medical records, confirming that they are accurate copies created in the regular course of business. Under California Evidence Code § 1561, this declaration allows records to be admitted as evidence in court without requiring the custodian to testify in person. The custodian, typically an employee familiar with record-keeping practices, signs the declaration to affirm the legitimacy of the records presented.

Key Elements of the Declaration

Understanding the key components of a Custodian of Records Declaration is essential for ensuring its validity and effectiveness. The main elements include:

• Identification: This section includes the declarant's name, title, and the organization they represent.
• Authority: A statement confirming that the individual is the authorized custodian of the records.
• Record Details: Specific identification of the records being produced, along with the relevant time frame.
• Authenticity: An affirmation that the copies are true and correct, prepared in the ordinary course of business.
• Signature: The declaration must be signed under penalty of perjury, often requiring notarization.

How to Fill Out the Declaration

Filling out the Custodian of Records Declaration requires careful attention to detail. Here are the steps to complete the form:

• Gather Information: Collect all necessary details about the records, including their nature, time frame, and the custodian's credentials.
• Complete the Form: Accurately fill in each section, ensuring that all information is precise and truthful.
• Review for Accuracy: Double-check all entries for errors or omissions to avoid complications.
• Sign and Notarize: The custodian must sign the declaration, and it is advisable to have it notarized for added legal weight.

Legal Use of the Declaration

The Custodian of Records Declaration is primarily used in legal contexts where records need to be presented as evidence. Common scenarios include:

• Lawsuits: When business or medical records are required as evidence in court proceedings.
• Subpoenas: To comply with a subpoena duces tecum, which demands the production of documents.
• Avoiding Testimony: By using the declaration, the custodian can avoid the need to testify in person, streamlining the legal process.

Who Typically Uses the Declaration

The Custodian of Records Declaration is utilized by various professionals and organizations, including:

• Healthcare Providers: Hospitals and clinics often use this declaration to authenticate patient records.
• Businesses: Corporations and small businesses may use it to validate financial or operational documents.
• Legal Professionals: Attorneys may prepare this declaration to support evidence in litigation.

Examples of Using the Declaration

Real-world applications of the Custodian of Records Declaration illustrate its importance. For instance:

• Medical Records in Court: A hospital may present a declaration to authenticate patient records in a malpractice lawsuit.
• Business Records for Audits: A company may use the declaration to validate financial statements during an IRS audit.

Important Terms Related to the Declaration

Familiarity with terminology associated with the Custodian of Records Declaration can enhance understanding. Key terms include:

• Affidavit: A written statement confirmed by oath, used in legal proceedings.
• Subpoena Duces Tecum: A court order requiring a person to produce documents.
• Perjury: The act of lying under oath, which carries legal penalties.

State-Specific Rules for the Declaration

California has specific regulations governing the use of the Custodian of Records Declaration. Key points include:

• Compliance with Evidence Code: The declaration must adhere to California Evidence Code § 1561 to be admissible in court.
• Notarization Requirements: Although notarization is not always mandatory, it is highly recommended to enhance the document's credibility.