Medical & Legal Affidavits

Notarizing an Affidavit of Records (also called a Business Records Affidavit or Custodian of Records Affidavit) is a multi-step process that transforms standard business documents into admissible evidence for a court of law.

In Texas, this process is governed primarily by Texas Rule of Evidence 902(10) and the Civil Practice and Remedies Code § 18.001. Here is the expert step-by-step guide on how to perform this notarization correctly.

Step 1: Verification of Identity and Capacity

As with any notarization, you must first verify the identity of the signer using a valid, government-issued photo ID.

• The Signer: The person must be the Custodian of Records or someone authorized to certify the records for the business.
• The Documents: The affidavit will usually refer to a set of records (e.g., medical bills, bank statements) as "Exhibit A" or "attached hereto." You do not need to notarize every page of the records, just the affidavit that authenticates them.

Step 2: Review for Completeness

Ensure the affidavit is completely filled out. In Texas, a valid Business Records Affidavit must state that the records:

• Were made in the regular course of business.
• Were made at or near the time of the event.
• Were created by an employee or representative with personal knowledge of the event.

Step 3: Administer the Oath (Mandatory)

An Affidavit of Records requires a Jurat, which means the signer must be placed under oath.

• The Action: Ask the signer to raise their right hand.
• The Question: "Do you solemnly swear (or affirm) that the statements in this affidavit regarding these business records are true and correct to the best of your knowledge?"
• The Signature: The signer must sign the document in your presence after taking the oath.

Step 4: Complete the Texas Jurat Certificate

You must use a certificate that contains the "Subscribed and sworn to" language.

Step 5: Record the Transaction in Your Journal

Because these documents are often used in high-stakes litigation, your journal entry is your primary protection.

• Type of Act: Jurat.
• Fee: $6.00 (Standard Texas fee for a Jurat).
• Details: Note the name of the company the records belong to and the type of records (e.g., "Custodian of Records for Fort Worth General Hospital").

Expert Tips for this Specific Document

By following this sequence, you ensure that the records are properly "authenticated," allowing them to be used in legal proceedings without the custodian needing to testify in person.

In legal and notary terms, the "Custodian of Records" is not necessarily a single person with a specific job title. Instead, it is a role defined by knowledge of the record-keeping process.

According to Texas Rule of Evidence 902(10) and similar laws across the U.S., the person who signs a Business Records Affidavit must be a "custodian or other qualified witness."

Who Qualifies as a "Custodian"?

The law is intentionally broad to ensure businesses can authenticate their records without tracking down the exact person who typed every entry.

1. The Official Records Manager

The most common signer is the person whose primary job is managing the company's files.

Examples: Medical Records Director, Bank Operations Manager, HR Director, or a dedicated "Custodian of Records" for a large corporation.

2. A "Qualified Witness"

A person does not need to be the "head" of a department to sign. A "qualified witness" is anyone who can explain:

• How the records are created.
• How they are stored.
• That they are created as part of the "regular course of business."

Examples: An office manager, a department supervisor, or even a long-term administrative assistant who understands the filing system.

3. Third-Party Agents

In many cases, a business hires another company to handle their records (like a billing company or a digital storage firm).

Examples: A representative from a medical billing company can sign as the custodian for a doctor's office's billing records because they are the ones who actually generate and maintain those specific files.

Who Can NOT Sign?

To protect the integrity of the evidence, certain people are disqualified from signing:

• Someone with Zero Knowledge: An employee from the marketing department cannot sign for accounting records if they have no idea how the accounting software works or how the data is entered.
• A "Stranger" to the Records: You cannot hire a random person to look at the files and then sign as the custodian. They must have a professional relationship with the record-keeping process.
• The Notary: You cannot be both the Custodian of Records and the Notary for the same document. This is a direct conflict of interest.

Expert Summary Checklist

If you are notarizing a document and aren't sure if the person should be signing, ask them these three questions:

1. 1. "Do you work for this company or manage these specific files?"
2. 2. "Do you know how these records were created and kept?"
3. 3. "Are you authorized by the company to swear that these are the official business records?"

If they answer "Yes" to all three, they are legally "qualified" to sign the affidavit in your presence.

When choosing between In-Person and Remote Online Notarization (RON) for medical record affidavits, the decision usually comes down to a balance of speed, convenience, and the physical health of the signer.

Both methods are legally valid for authenticating medical records today, February 3, 2026, but they offer distinct advantages depending on the specific environment (hospital vs. office).

Comparison at a Glance

In-Person Notarization: The Traditional Choice

This is still the preferred method in high-sensitivity environments like nursing homes or for signers with limited technology skills.

• Best For: Signers with low tech-literacy or those whose mental capacity might be questioned later. Being physically present allows you to better ensure the person is not being coerced by a third party standing off-camera.
• Safety Tip: When entering medical facilities, always follow current health protocols (masks, sanitization) to protect both yourself and the patients.
• The Paper Problem: You must ensure the "Exhibit" of records is physically stapled or bound to the affidavit you are notarizing.

RON: The Modern Standard for Litigation

For law firms and medical records departments, RON has quickly become the preferred method for Business Records Affidavits.

• Best For: Busy doctors or records custodians who don't have time for a physical appointment. It's also ideal for large digital record sets that would be too cumbersome to print and ship.
• The "Gold Standard" Audit: RON provides a high-definition video recording of the entire oath and signing. If the truthfulness of the medical records is ever challenged in court, the video serves as powerful evidence that the custodian was properly sworn in.
• The KBA Barrier: Keep in mind that for RON, the signer must pass Knowledge-Based Authentication (KBA). If a signer is elderly or doesn't have a strong credit history, they may fail the KBA, forcing you to revert to an in-person signing.

Critical Considerations for Medical Affidavits

Security & Privacy

Capacity & Awareness

Summary Recommendation

• Use In-Person if: The signer is a patient, is elderly, or if the mental capacity of the signer is at all in question.
• Use RON if: The signer is a professional records custodian at a clinic, the records are already in digital format, or the legal deadline is immediate.

Regardless of the method, remember that today, February 3, 2026, you are the final checkpoint for the authenticity of these records. Your seal is what allows the medical data to transition from "private file" to "legal evidence."