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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
representative.8
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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Last modified: May 25, 2011