A custodian deposition confirms that records were made in the regular course of business, at or near the time of the events, by someone with knowledge, and kept in the regular course. It lays the business records foundation.
Written certification frequently substitutes.
Alternative Names:
Records Custodian Deposition, Custodian of Records Deposition
Why it Matters?
Certification under Rule 902(11) has largely replaced these depositions for straightforward authentication, which is why taking one signals that something beyond foundation is at issue. Where the records' completeness, alteration, or retention practices are contested, the custodian deposition is the vehicle for examining the system rather than the documents. That distinction determines whether a deposition is worth the cost.
Frequently Confused with
Related terms
Frequently asked questions
When is a custodian deposition necessary?
What does certification accomplish?
