Gloria J. Spurlock - Page 11

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          custodian of the records have personal knowledge of the facts               
          recorded.  The rules require only that the custodian certify the            
          records were made by a person with knowledge of the matters                 
          recorded.  The custodians here certify under penalties of perjury           
          that the records were made and kept in the course of business by            
          an employee or representative of the business who had personal              
          knowledge of the facts recorded.  This is sufficient, and the               
          affidavits need not identify by name that employee or                       
               In addition, many of the records that the affiants produced            
          are admissible and can be authenticated under other parts of Fed.           
          R. Evid. 901 and 902.  Under Fed. R. Evid. 901(a), the                      
          requirement of authentication or identification as a condition              
          precedent to admissibility is satisfied by evidence sufficient to           
          support a finding that the matter in question is what its                   
          proponent claims.  Fed. R. Evid. 901(b) provides examples of                
          authentication or identification conforming with the requirements           
          of this rule including nonexpert opinions as to the genuineness             
          of handwriting; comparison by the trier of fact with specimens              
          which have been authenticated; and appearance, contents,                    
          substance, internal patterns, or other distinctive                          
          characteristics, taken in conjunction with circumstances.                   

               8We note that the affidavit from Ms. McSorley identifies               
          Mona Griffin as the bookkeeper who had knowledge of the facts               
          recorded in the records.                                                    

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