Wash. Rev. Code » Title 10 · Chapter 10.96
Revised Code of Washington

Wash. Rev. Code § 10.96.030 (2025)

Authenticity of records—Verification—Affidavit, declaration, or certification

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(1) Upon written request from the applicant, or if ordered by the court, the recipient of criminal process shall verify the authenticity of records that it produces by providing an affidavit, declaration, or certification that complies with subsection (2) of this section. The requirements of RCW 5.45.020 regarding business records as evidence may be satisfied by an affidavit, declaration, or certification that complies with subsection (2) of this section, without the need for testimony from the custodian of records, regardless of whether the business records were produced by a foreign or Washington state entity.
(2) To be admissible without testimony from the custodian of records, business records must be accompanied by an affidavit, declaration, or certification by its record custodian or other qualified person that includes contact information for the witness completing the document and attests to the following:
(a) The witness is the custodian of the record or sets forth evidence that the witness is qualified to testify about the record;
(b) The record was made at or near the time of the act, condition, or event set forth in the record by, or from information transmitted by, a person with knowledge of those matters;
(c) The record was made in the regular course of business;
(d) The identity of the record and the mode of its preparation; and
(e) Either that the record is the original or that it is a duplicate that accurately reproduces the original.
(3) A party intending to offer a record into evidence under this section must provide written notice of that intention to all adverse parties, and must make the record and affidavit, declaration, or certification available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. A motion opposing admission in evidence of the record shall be made and determined by the court before trial and with sufficient time to allow the party offering the record time, if the motion is granted, to produce the custodian of the record or other qualified person at trial, without creating hardship on the party or on the custodian or other qualified person.
(4) Failure by a party to timely file a motion under subsection (4) of this section shall constitute a waiver of objection to admission of the evidence, but the court for good cause shown may grant relief from the waiver. When the court grants relief from the waiver, and thereafter determines the custodian of the record shall appear, a continuance of the trial may be granted to provide the proponent of the record sufficient time to arrange for the necessary witness to appear.
(5) Nothing in this section precludes either party from calling the custodian of record of the record or other witness to testify regarding the record.
[ 2008 c 21 s 4.]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2011–2021 · leading case: State Of Washington v. Ivory Butler, 394 P.3d 424 (Wash. Ct. App. 2017).
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State Of Washington v. Ivory Butler, 394 P.3d 424 (Wash. Ct. App. 2017). · cites it 9× “Evidentiary Objection ¶15 Butler argues exhibits 3, 4, and 5 were inadmissible because the State did not give proper notice under RCW 10.96.030. RCW 10.96.030(3) contains an exception to the general rule requiring witness testimony to admit business records.”
State of Washington v. Karrlee Theresa Clements, 423 P.3d 253 (Wash. Ct. App. 2018). · cites it 13× “030(2) At the end of the first day of trial, the State announced its intention to offer records of Catherine’s Vanguard, American Express and BanCorp accounts the next day, using custodial affidavits as permitted by RCW 10.96.030. When a party has complied with requirements for…”
State v. Lee, 247 P.3d 470 (Wash. Ct. App. 2011). · cites it 9× “[ [58] ] ¶ 46 Here, the court admitted several cell phone records under RCW 10.96.030. This statute allows business records to be authenticated by affidavits from the custodians of the records rather than requiring the custodians to testify in court.”
State of Washington v. Gary Bruce Farnworth, 398 P.3d 1172 (Wash. Ct. App. 2017). “Before trial, the State filed notice of its intent to offer certified business records as allowed by RCW 10.96.030. Gary Farnworth never responded to the notice.”
State v. Lee, 159 Wash. App. 795 (Wash. Ct. App. 2011). · cites it 9× “[ 55 ] ¶46 Here, the court admitted several cell phone records under RCW 10.96.030. This statute allows business records *814 to be authenticated by affidavits from the custodians of the records rather than requiring the custodians to testify in court.”
State Of Washington v. Jerrell Allen Posey, No. 53374-0 (Wash. Ct. App. Mar. 30, 2021). · cites it 3× “2 The State offered a certification from a Facebook records custodian in accordance with RCW 10.96.030, in lieu of having a Facebook custodian testify at trial.”
State Of Washington v. Steven Mikeal Sommer, No. 68958-4 (Wash. Ct. App. Jan. 13, 2014). · cites it 2× “But the State correctly points out that Sommer did not raise this argument below and therefore waived it under RCW 10.96.030(4).2 Sommer does not respond to the State's argument in his reply brief.”
State Of Washington v. Jameel L. Padilla, No. 73902-6 (Wash. Ct. App. Apr. 24, 2017). “Under RCW 10.96.030(2) business records may be admissible without testimony from the custodian of the records if the records are accompanied by an affidavit that meets certain requirements.”
State Of Washington v. Royal Wallace Drayton, No. 70558-0 (Wash. Ct. App. Oct. 27, 2014). “46 RCW 10.96.030. 47 6 RP at 1009, 1011. 48 5 RP at 760.”
Wash. Rev. Code § 10.96.030(2): 4 cases
State of Washington v. Karrlee Theresa Clements, 423 P.3d 253 (Wash. Ct. App. 2018). “030(2) At the end of the first day of trial, the State announced its intention to offer records of Catherine’s Vanguard, American Express and BanCorp accounts the next day, using custodial affidavits as permitted by RCW 10.96.030. When a party has complied with requirements for…”
State v. Lee, 247 P.3d 470 (Wash. Ct. App. 2011). “[ [58] ] ¶ 46 Here, the court admitted several cell phone records under RCW 10.96.030. This statute allows business records to be authenticated by affidavits from the custodians of the records rather than requiring the custodians to testify in court.”
State v. Lee, 159 Wash. App. 795 (Wash. Ct. App. 2011). “[ 55 ] ¶46 Here, the court admitted several cell phone records under RCW 10.96.030. This statute allows business records *814 to be authenticated by affidavits from the custodians of the records rather than requiring the custodians to testify in court.”
State Of Washington v. Jameel L. Padilla, No. 73902-6 (Wash. Ct. App. Apr. 24, 2017). “Under RCW 10.96.030(2) business records may be admissible without testimony from the custodian of the records if the records are accompanied by an affidavit that meets certain requirements.”
Wash. Rev. Code § 10.96.030(2)(d): 1 case
State Of Washington v. Jerrell Allen Posey, No. 53374-0 (Wash. Ct. App. Mar. 30, 2021). “2 The State offered a certification from a Facebook records custodian in accordance with RCW 10.96.030, in lieu of having a Facebook custodian testify at trial.”
Wash. Rev. Code § 10.96.030(3): 2 cases
State Of Washington v. Ivory Butler, 394 P.3d 424 (Wash. Ct. App. 2017). “Evidentiary Objection ¶15 Butler argues exhibits 3, 4, and 5 were inadmissible because the State did not give proper notice under RCW 10.96.030. RCW 10.96.030(3) contains an exception to the general rule requiring witness testimony to admit business records.”
State of Washington v. Karrlee Theresa Clements, 423 P.3d 253 (Wash. Ct. App. 2018). “030(2) At the end of the first day of trial, the State announced its intention to offer records of Catherine’s Vanguard, American Express and BanCorp accounts the next day, using custodial affidavits as permitted by RCW 10.96.030. When a party has complied with requirements for…”
Wash. Rev. Code § 10.96.030(4): 2 cases
State of Washington v. Karrlee Theresa Clements, 423 P.3d 253 (Wash. Ct. App. 2018). “030(2) At the end of the first day of trial, the State announced its intention to offer records of Catherine’s Vanguard, American Express and BanCorp accounts the next day, using custodial affidavits as permitted by RCW 10.96.030. When a party has complied with requirements for…”
State Of Washington v. Steven Mikeal Sommer, No. 68958-4 (Wash. Ct. App. Jan. 13, 2014). “But the State correctly points out that Sommer did not raise this argument below and therefore waived it under RCW 10.96.030(4).2 Sommer does not respond to the State's argument in his reply brief.”
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