Nevada Revised Statutes

Nev. Rev. Stat. § 52.260 (2026)

Record made in course of regularly conducted activity; affidavit required

✓ current as of July 2026
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NRS 52.260  Record made in course of regularly conducted activity; affidavit required.

      1.  The contents of a record made in the course of a regularly conducted activity in accordance with NRS 51.135, if otherwise admissible, may be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit.

      2.  The custodian of the record or other qualified person must verify in the affidavit that the record was made:

      (a) At or near the time of the act, event, condition, opinion or diagnosis concerning which the information was recorded, by or from information transmitted by a person with knowledge of the act or event; and

      (b) In the course of the regularly conducted activity.

      3.  The affidavit required by subsection 2 must be in substantially the following form:

 

CERTIFICATE OF CUSTODIAN OF RECORDS

 

State of Nevada                                      }

                                                                   }ss.

County of................................................ }

 

       NOW COMES ................................, who after first being duly sworn deposes and says:

       1.  That the deponent is the ................ (position or title) ................ of ............... (name of employer) ................ and in his or her capacity as .............. (position or title) ................ is a custodian of the records of ............. (name of employer) ................

       2.  That ................. (name of employer) ................ is licensed or registered to do business as a ................... in the State of ................

       3.  That on the ....... day of the month of ....... of the year ......., the deponent was served with a subpoena in connection with the above-entitled cause, calling for the production of records pertaining to    

..........................................................................................................................................

..........................................................................................................................................

       4.  That the deponent has examined the original of those records and has made or caused to be made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.

       5.  That the original of those records was made at or near the time of the act, event, condition, opinion or diagnosis recited therein by or from information transmitted by a person with knowledge, in the course of a regularly conducted activity of the deponent or ............ (name of employer) ................

                                                           ...............................................................................

 

Subscribed and sworn to before me, a Notary Public, on this ....... day of the month of ....... of the year .......

..........................................................................................................................................

Notary Public ................ County, Nevada

My appointment expires:..............................................................................................

 

      4.  A party intending to offer an affidavit pursuant to this section must serve on the other parties a notice of the intent and make available for inspection or copying the records of the regularly conducted activity at least 10 days before the records are to be introduced at a hearing, unless the court shortens this time for good cause shown.

      5.  If during a trial or a proceeding for discovery, the authenticity of a record of a regularly conducted activity is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the record or other qualified person and may order that the original records be produced.

      6.  For the purposes of this section:

      (a) “Custodian of the records” means an employee or agent of an employer who has the care, custody and control of the records of the regularly conducted activity of the employer.

      (b) “Employer” means:

             (1) The State of Nevada, any state agency, county, city, town, school district or other unit of local government;

             (2) Any public or quasi-public corporation; or

             (3) Any other person, firm, corporation, partnership or association.

      (c) “Records” means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by an employer.

      (Added to NRS by 1995, 1727; A 2001, 27)

     

Notes of Decisions
Cited in 10 cases, 2014–2020 · leading case: Gal (Jaysan) Vs. State (Nev. 2020).
Gal (Jaysan) Vs. State (Nev. 2020). · cites it 6× “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
Kincade (Michael) v. State (Nev. 2014). · cites it 3× “" NRS 52.260(1). A party must provide 10 days' notice if it intends to authenticate a record using such an affidavit.”
Sanders v. Sears-Page, 2015 NV 50 (Nev. 2015). · cites it 2× “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders Vs. Sears-page, 2015 NV 50 (Nev. 2015). · cites it 2× “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders Vs. Sears-page, 2015 NV 50 (Nev. 2015). · cites it 2× “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders v. Sears-Page (Nev. 2015). · cites it 2× “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders v. Sears-Page (Nev. 2015). · cites it 2× “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Fiducial, LLC v. the Bank of New York Mellon Corp. (Nev. 2018). “) ("A person may certify that a record meets the requirements of [the federal analog to NRS 52.260] even though that person lacks knowledge of the specific transaction documented in the record or the creation of the specific document in question so long as she has general…”
Select Portfolio Serv., Inc. Vs. Dunmire (Nev. 2020). “NRS 52.260; NRS 52.460; NRS 52.480. And any error in excluding proposed exhibits 7, 9, and 13 was harmless, as those exhibits did not contain information that would have changed the outcome here.”
Robbins (Melissa) v. State (Nev. 2014). “requirements, see NRS 52.260(3); NRS 53.045 (use of unsworn declaration in lieu of affidavit), and admitted the telephone records into evidence under the business records exception to the hearsay rule, see NRS 51.”
— Nev. Rev. Stat. § 52.260(1) — 2 cases
Gal (Jaysan) Vs. State (Nev. 2020). “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
Kincade (Michael) v. State (Nev. 2014). “" NRS 52.260(1). A party must provide 10 days' notice if it intends to authenticate a record using such an affidavit.”
— Nev. Rev. Stat. § 52.260(3) — 6 cases
Robbins (Melissa) v. State (Nev. 2014). “requirements, see NRS 52.260(3); NRS 53.045 (use of unsworn declaration in lieu of affidavit), and admitted the telephone records into evidence under the business records exception to the hearsay rule, see NRS 51.”
Sanders v. Sears-Page, 2015 NV 50 (Nev. 2015). “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders Vs. Sears-page, 2015 NV 50 (Nev. 2015). “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders Vs. Sears-page, 2015 NV 50 (Nev. 2015). “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
Sanders v. Sears-Page (Nev. 2015). “And these medical records were not accompanied by a properly authenticated affidavit formatted according to NRS 52.260, signed by the custodian, or verified by the custodian to be "a true and complete reproduction of the original medical record.”
— Nev. Rev. Stat. § 52.260(4) — 2 cases
Gal (Jaysan) Vs. State (Nev. 2020). “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
Kincade (Michael) v. State (Nev. 2014). “" NRS 52.260(1). A party must provide 10 days' notice if it intends to authenticate a record using such an affidavit.”
— Nev. Rev. Stat. § 52.260(5) — 2 cases
Gal (Jaysan) Vs. State (Nev. 2020). “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
Kincade (Michael) v. State (Nev. 2014). “" NRS 52.260(1). A party must provide 10 days' notice if it intends to authenticate a record using such an affidavit.”
— Nev. Rev. Stat. § 52.260(6)(a) — 1 case
Gal (Jaysan) Vs. State (Nev. 2020). “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
— Nev. Rev. Stat. § 52.260(6)(b)(3) — 1 case
Gal (Jaysan) Vs. State (Nev. 2020). “See NRS 52.260(1) (providing that records that are created during "the course of a regularly conducted activity[,1 .”
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