Custody of Records

Custody of records, sometimes called an affidavit of custodian of records or a business records affidavit, is a signed statement from a records custodian that authenticates attached records and confirms they were created and maintained in the regular course of business. Custody of records statements are the standard way to admit medical records, pharmacy records, billing records, and similar business documents into evidence without calling the custodian to testify live.

State and federal rules vary on the exact required language, but most jurisdictions accept a sworn or notarized custodian statement that meets the business records exception to hearsay. Plaintiff personal injury firms request custody of records statements alongside the records themselves when ordering records for demand or trial preparation.

Pharmacy lien programs need to produce custody of records statements when their fill data is offered as evidence. CreoRx's records system supports custody of records production on demand: a sworn statement covering the fill history, pricing, and pharmacy network data for a specific case. This makes pharmacy lien data immediately admissible without additional foundation.

For case managers, custody of records is a routine request near the demand phase. Confirm the format the carrier and the jurisdiction require, request the statement from each records source, and tie each statement to the records it authenticates.