Question 1

What is a keeper of records in Florida business authentication?

Accepted Answer

A keeper of records is the individual within an organization who has custody of, or is responsible for maintaining, the business records of that organization. In Florida litigation, the keeper of records plays a critical role in authenticating business records for admission into evidence under the business records exception to the hearsay rule (Section 90.803(6), Florida Statutes). The keeper must testify (or provide an affidavit) that: the records were made at or near the time of the events recorded, the records were made by a person with knowledge of the events (or from information transmitted by such a person), the records were kept in the course of regularly conducted business activity, and it was the regular practice of the business to make such records.

Question 2

What foundation must a keeper of records establish in Florida?

Accepted Answer

The foundation requires the keeper to establish four elements: timeliness (the record was made at or near the time of the event), knowledge (the record was made by a person with knowledge or from information transmitted by a knowledgeable person), regular course of business (the record was kept as part of the organization’s regular business activity), and regular practice (it was the organization’s regular practice to create such records). The keeper does not need to have personal knowledge of the specific entry; they need to establish that the organization’s record-keeping system meets the statutory requirements. This is called the "predicate" for business records.

Question 3

How does the keeper of records exception apply in Florida real estate cases?

Accepted Answer

In real estate litigation, the keeper of records exception is used to admit: bank and mortgage servicer records (payment histories, loan modification correspondence, default notices), title company records (title searches, closing documents, escrow records), property management records (rent rolls, maintenance logs, tenant communications), HOA records (assessment histories, violation notices, meeting minutes), and construction company records (contracts, change orders, draw requests). The keeper must establish the business records predicate for each category of records. Banks and mortgage servicers often use corporate representatives trained to testify about their record-keeping systems.

Keeper of Records Business Authentication

Keeper of Records and Business Authentication in Florida

Four-Element Foundation

Real Estate Applications

Related Terms

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