In many Texas lawsuits, winning or losing comes down to paperwork: bank statements, invoices, contracts, medical bills, payment histories, and account records.
But in court, you usually cannot just hand documents to a judge and expect them to be accepted as evidence.
Under Texas law, most documents must be properly authenticated before they can be used at trial.
One powerful tool for doing this—without bringing a live witness—is the Business Records Affidavit under Texas Rule of Evidence 902(10).
This rule allows certain records to be admitted automatically if the proper affidavit is prepared and filed.
Understanding how Rule 902(10) works can save time, money, and major headaches in Texas litigation.
Why Courts Normally Require Witnesses for Documents
In most cases, documents are considered hearsayunless they fit into an exception.
Texas Rule of Evidence 801 defines hearsay as:
“A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted.”
Ordinarily, to admit business records, a party would need a custodian of records or qualified witness to testify that:
- The records are authentic
- They were kept in the regular course of business
- They were made at or near the time of the events
Bringing witnesses to court can be expensive and inconvenient.
That is where Rule 902(10) comes in.
What Is Texas Rule of Evidence 902(10)?
Texas Rule of Evidence 902(10) allows certain business records to be self-authenticated through an affidavit.
The rule provides that business records are admissible if accompanied by:
“An affidavit that complies with Rule 803(6) and (7) and is filed in accordance with Rule 902(10).”
In practical terms, this means:
If the affidavit is done correctly, the records can be admitted without live testimony.
The Business Records Exception: Rule 803(6)
Rule 902(10) works together with Rule 803(6), which sets out the business records exception.
Under Rule 803(6), records are admissible if:
“(A) the record was made at or near the time…
(B) by—or from information transmitted by—someone with knowledge;
(C) the record was kept in the course of a regularly conducted business activity; and
(D) making the record was a regular practice of that activity.”
The affidavit must confirm each of these elements.
If even one is missing, the affidavit may be defective.
What Must Be in a Proper Business Records Affidavit
A valid Texas business records affidavit typically states that:
- The affiant is the custodian of records or qualified witness
- The records were made at or near the time of the events
- The records were kept in the regular course of business
- Making such records was a regular business practice
- The attached documents are true and correct copies
Most affidavits follow a standardized format used by law firms, collection agencies, medical providers, and banks.
Courts are strict about these requirements.
A sloppy affidavit can result in the records being excluded.
Filing and Notice Requirements Under Rule 902(10)
Rule 902(10) does not allow surprise evidence.
The rule requires advance filing and notice.
Texas Rule of Evidence 902(10)(A) provides that:
“The proponent must file the records and affidavit with the clerk at least 14 days before trial and give notice to the opposing party.”
This means:
- You must file at least 14 days before trial
- You must serve the opposing party
- You must identify the records
Failing to meet the deadline may prevent you from using the records.
How Opposing Parties Can Object
Even with a proper affidavit, the other side can still object.
Common objections include:
1. Lack of Trustworthiness
Rule 803(6)(E) allows exclusion if:
“The source of information or the method or circumstances of preparation indicate a lack of trustworthiness.”
If records look unreliable, altered, or incomplete, the judge may exclude them.
2. Inadequate Foundation
If the affidavit fails to address all required elements, it can be challenged.
For example:
- No statement about regular business practice
- No confirmation of timing
- No proof of custodian status
These defects can be fatal.
3. Hearsay Within Hearsay
Sometimes business records contain statements from third parties.
Those embedded statements may require separate exceptions.
Otherwise, they may still be excluded.
Common Situations Where Rule 902(10) Is Used
Business records affidavits appear in many Texas cases, including:
- Debt collection lawsuits
- Credit card and loan disputes
- Medical billing cases
- Landlord-tenant claims
- Contract disputes
- Probate and estate litigation
- Business partnership conflicts
In many JP and County Court cases, Rule 902(10) evidence is often the backbone of the case.
Why DIY Litigants Often Lose on This Issue
Self-represented parties frequently make mistakes such as:
- Filing affidavits too late
- Using outdated forms
- Missing required language
- Forgetting notice
- Attaching incomplete records
Judges are not allowed to “fix” these problems.
Even strong cases can fail because of technical errors.
Strategic Considerations for Lawyers and Litigants
Using Rule 902(10) correctly can:
- Reduce litigation costs
- Eliminate unnecessary witnesses
- Streamline trials
- Increase settlement leverage
But improper use can:
- Result in exclusion of key evidence
- Delay proceedings
- Damage credibility
In many cases, properly preparing affidavits early in the case gives one side a major advantage.
When Live Testimony Is Still Better
Not every case should rely on affidavits.
Live testimony may be preferable when:
- Credibility is disputed
- Fraud is alleged
- Records are complex
- Cross-examination is important
A good litigation strategy balances convenience with persuasion.
How a Texas Attorney Can Help
An experienced Texas attorney can:
- Review affidavits for compliance
- Draft proper custodian statements
- Handle objections
- Ensure deadlines are met
- Integrate evidence into trial strategy
In many cases, correcting evidentiary mistakes early saves thousands of dollars later.
Final Thoughts: Small Rule, Big Impact
Texas Rule of Evidence 902(10) may seem technical, but it often determines whether key documents are admitted or excluded.
Understanding business records affidavits is essential for anyone involved in Texas litigation.
If you are preparing for trial or facing evidence issues, getting professional guidance early can make all the difference.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
