Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 79J (2026)

Business records required to be produced in court; certification, admissibility and inspection; copies

✓ current as of July 2026

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Section 79J. A record kept by any business which is required to be produced in court by any party shall be certified by the affidavit of the person in custody thereof to be a true and complete record and shall be delivered by such business to the clerk of such court who shall keep the same in his custody until its production is called for at the trial or hearing by the party requiring the said record. Such record, so certified and delivered shall be deemed to be sufficiently identified to be admissible in evidence if admissible in all other respects. The party requiring the production of said record and, in the discretion of the court, any other party may examine said record in the custody of the clerk at any time before it is produced in court. The clerk upon completion of such trial or hearing shall notify such business that said record is no longer required and will be returned by mail unless an authorized representative of the business calls for the same at the office of said clerk within seven days of said notice.

A copy of such record made by the photographic process may be delivered to the clerk of such court in place of the original and, if certified as hereinbefore provided, shall be admitted in evidence equally with the original.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 2003–2025 · leading case: Commonwealth v. James Lehan., 100 Mass. App. Ct. 246 (Mass. App. Ct. 2021).

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Commonwealth v. James Lehan., 100 Mass. App. Ct. 246 (Mass. App. Ct. 2021). · cites it 4× “Page 250 She also stated that there would be no trial witness from ELMO or from the probation department, but that some of the records had been certified as "business records" under G. L. c. 233, § 79J, and that the GPS records (including the charts) should accordingly be…”

Commonwealth v. Casiano, 876 N.E.2d 475 (Mass. App. Ct. 2007). “1 He appeals, claiming that the trial judge erred *706 by (1) not granting his motion for a required finding of not guilty; (2) misapplying G. L. c. 233, § 79J, and denying his request to introduce business records from the cellular telephone (cell phone) service provider; and…”

Commonwealth v. Balboni, 89 Mass. App. Ct. 651 (Mass. App. Ct. 2016). “277, § 68, and G. L. c. 233, § 79J, ordering AmEx and USAA to produce the same records to the court on the day that trial was scheduled to begin.”

Norfolk Fin. Corp. v. Wynn, 2003 Mass. App. Div. 145 (Mass. Dist. Ct., App. Div. 2003). “See G.L.c. 233, §79J. Notwithstanding appellant’s suggestion to the contrary, it was not required to demonstrate that the keeper of the records had personal knowledge of the facts underlying the business entry.”

Fareed v. Cent. Rivers Power MA LLC (D. Mass. 2021). “1 Perhaps because this case was filed in state court and removed to federal court based on diversity, WRPI’s subpoena to FERC was accompanied by a request for an affidavit – provided with the subpoena – pursuant to Mass. Gen. Laws ch. 233, § 79J attesting to the accuracy and…”

Commonwealth v. Barret R. Brooking. (Mass. App. Ct. 2025). “246, 256 (2021) (certification under G. L. c. 233, § 79J, overcomes an authenticity objection, but not a hearsay objection).”

Commonwealth v. Nichole M. Mathieson. (Mass. App. Ct. 2025). “Very often, this witness is a 3 Alternatively, a business record can be authenticated by an affidavit pursuant to G. L. c. 233, § 79J. Here, the prosecutor did not present an affidavit to the judge nor did the prosecutor seek to admit an affidavit in evidence.”

Commonwealth v. Edward Jones. (Mass. App. Ct. 2025). “To introduce the records pursuant to G. L. c. 233, § 79J, the Commonwealth produced no live witness, instead relying on an affidavit from a keeper of records averring to the elements of the business records exception.”

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