Certification of a business record may substitute for in-court testimony for nonparties, as of 2014, without subpoenas, when the certification is sworn and signed by the custodian.

• A. True
• B. False
• C. Certification requires court approval
• D. Certification applies only to party records

Answer: (A)

In New York, the business records exception lets a party prove the contents of a business record without the custodian testifying in court. Since around 2014, if the custodian signs a sworn certification attesting that the records were kept in the ordinary course of business and are accurate, that certification can substitute for in-court testimony for nonparties, and no subpoena is needed. The records themselves are admitted with the custodian’s sworn certification attached, and the court accepts them as evidence if the certification meets the required standards. This streamlines proof by allowing admissibility of the records through the sworn certification rather than through live testimony. It isn’t limited to party records, and it doesn’t require court approval beyond satisfying the certification requirements. So the statement about certification substituting for testimony under these conditions is correct.