(a)
(1) Any record or set of records or photographically reproduced copies of such records which would be admissible under Rule 803(6) or (7) of the Arkansas Rules of Evidence shall be admissible in evidence in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of Rule 803(6) or (7) that such records attached to such affidavit were in fact so kept as required by Rule 803(6) or (7), provided, further, that such record or records, along with such affidavit, are filed with the clerk of the court for inclusion with the papers in the cause in which the record or records are sought to be used as evidence at least fourteen (14) days prior to the day upon which the trial of said cause commences, and provided the other parties to said cause are given prompt notice by the party filing same of the filing of such record or records and affidavit, which notice shall identify the name and employer, if any, of the person making the affidavit, and such records shall be made available to the counsel for other parties to the action or litigation for inspection and copying.
(2) The expense for copying shall be borne by the party, parties, or persons who desire copies and not by the party or parties who file the records and serve notice of said filing in compliance with this rule.
(3) Notice shall be deemed to have been promptly given if it is served in the manner contemplated by Rule 27(a)(2) of the Arkansas Rules of Civil Procedure fourteen (14) days prior to commencement of the trial in said cause.
(b) A form for the affidavit of such person as shall make such affidavit as is permitted in subsection (a) of this section shall be sufficient if it follows this form, though this form shall not be exclusive, and an affidavit which substantially complies with the provisions of this rule shall suffice, to wit:
No. John Doe (Name of Plaintiff) v. John Roe (Name of Defendant) IN THE COURT OF COUNTY, Arkansas AFFIDAVIT Before me, the undersigned authority, personally appeared , who, being by me duly sworn, deposed as follows: My name is , I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of . Attached hereto are pages of records from . These said pages of records are kept by in the regular course of business, and it was the regular course of business of for an employee or representative of , with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. Affiant SWORN TO AND SUBSCRIBED before me on the day of , 19 . My commission expires: Notary Public, State of Arkansas Notary's printed name
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Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 4 - Evidence And Witnesses
Chapter 46 - Documentary Evidence Generally
Subchapter 1 - General Provisions
§ 16-46-102. Writing filed with pleading read as genuine unless denied
§ 16-46-104. Investigations of attendance at places of public amusement
§ 16-46-106. Access to medical records
§ 16-46-107. Identification of medical bills at trial
§ 16-46-108. Photographically reproduced records admissible in court
§ 16-46-109. Proceedings, minutes, records, or reports confidential