Missouri Revised Statutes

Mo. Rev. Stat. § 490.692 (2026)

Business records or copies admissible as evidence on affidavit of custodian, when

✓ current as of May 2026

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490.692. Business records or copies admissible as evidence on affidavit of custodian, when — filing procedure — notice and copies of records to be served on all parties, when — form of affidavit. — 1. Any records or copies of records reproduced in the ordinary course of business by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original that would be admissible under sections 490.660 to 490.690 shall be admissible as a business record, subject to other substantive or procedural objections, in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of sections 490.660 to 490.690, that the records attached to the affidavit were kept as required by section 490.680.

2. No party shall be permitted to offer such business records into evidence pursuant to this section unless all other parties to the action have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the cause commences.

3. The affidavit permitted by this section may be in form and content substantially as follows:

THE STATE OF ______
COUNTY OF ______
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 ______ 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 of the act, event, condition, opinion or diagnosis. The records attached hereto are the original or exact duplicates of the original.
		__________________
		Affiant
In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.
__________________		__________________
(Signed)		(Seal)

--------

(L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963)

CROSS REFERENCE:

Banking records admissible in evidence by affidavit, when, filing form, 362.413

(2000) Department of Revenue records properly certified pursuant to section 302.312 could not be excluded due to lack of service as required by section. Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).

Notes of Decisions

Cited in 85 cases (12 in the last 5 years), 1991–2024 · leading case: Alberswerth v. Alberswerth, 184 S.W.3d 81 (Mo. Ct. App. 2006).

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Alberswerth v. Alberswerth, 184 S.W.3d 81 (Mo. Ct. App. 2006). · cites it 14× “692 are to § 490.692, RSMo 2000. 19 . The certificate of service, Mr.”

Strong v. Am. Cyanamid Co., 261 S.W.3d 493 (Mo. Ct. App. 2008). · cites it 12× “Under section 490.692, business records are also admissible without the testimony of a custodian or other qualified person if the party offering the records presents an affidavit explaining that the records were kept as required by section 490.”

C & W Asset Acquisition, LLC v. Somogyi, 136 S.W.3d 134 (Mo. Ct. App. 2004). · cites it 11× “See § 490.692. Respondent objected to Exhibit 1 on several grounds.”

Payne v. Cornhusker Motor Lines, Inc., 177 S.W.3d 820 (Mo. Ct. App. 2005). · cites it 6× “Alternatively, Section 490.692 provides that business records can *840 be admissible if an affidavit of the person stating that the records attached to the affidavit were kept as required by law.”

Portfolio Recovery Assocs., LLC v. Juanita Schultz, Defendant/Respondent., 449 S.W.3d 427 (Mo. Ct. App. 2014). · cites it 11× “692 does not require the attachments to a business records affidavit to be listed therein and it was clear from the record what was attached to the business records affidavit; and the affidavit stated the affiant had knowledge of the mode of preparation of the attached records…”

Russell v. Dir. of Revenue, 35 S.W.3d 507 (Mo. Ct. App. 2001). · cites it 9× “Driver objected to the admission of these records stating they had' not been served on her at least seven days before trial as required under *509 section 490.692, RSMo 1994. 2 However, at trial, driver acknowledged she received a copy of the police report through supplementary…”

Reinert v. Dir. of Revenue, 894 S.W.2d 162 (Mo. 1995). · cites it 5× “The director argues that she complied with § 490.692, RSMo. Supp.1992; therefore, the trial court erred in sustaining Rei-nert’s objection to the admission of the maintenance report.”

Helton v. Dir. of Revenue, 944 S.W.2d 306 (Mo. Ct. App. 1997). · cites it 10× “680, RSMo 1994, and § 490.692, RSMo 1994. The Director presented no live testimony.”

State v. Steidley, 533 S.W.3d 762 (Mo. Ct. App. 2017). · cites it 4× ““Section 490.692 allows the records custodian, and the person who originally prepared the reports, to avoid a personal appearance.”

Whiteman v. Del-Jen Constr., Inc., 37 S.W.3d 823 (Mo. Ct. App. 2001). · cites it 6× “Whiteman objected to the admission of the records on the basis that, in offering the records, Del-Jen and Reliance failed to comply with the requirements of the business records statute, § 490.692. 2 The ALJ reserved ruling on the admissibility of the Sprint records until after…”

Sears v. Dent Wizard Int'l Corp., 13 S.W.3d 661 (Mo. Ct. App. 2000). · cites it 6× “Appellant objected to the admission of exhibit 1 because it did not comply with section 490.692, RSMo 1994, business record statute.”

State v. Wise, 879 S.W.2d 494 (Mo. 1994). · cites it 2× “690, RSMo 1986; § 490.692, RSMo Supp.1993., and argued that such evidence was cumulative of evidence already presented.”

Show all 85 citing cases →

— Mo. Rev. Stat. § 490.692(2) — 1 case

Khoi M. Le v. Brenda M. Le, n/k/a Patterson (Mo. Ct. App. 2021).

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