Also known as: usual course of business · business records exception · business records
Written by attorneys · grounded in primary & secondary sources — see below
An option available to a party responding to a request for production of documents. The producing party may either deliver the materials in the same state and organization maintained during ordinary business operations or organize and label them to correspond to the categories in the request.
Astra Aerospace receives a document request seeking all internal accident reports. Its records custodian gathers the reports exactly as filed in the safety department's chronological binders and turns them over without reordering or labeling by claim number. The production satisfies the rule because the reports appear in their original sequence and folders.
During dissolution proceedings Alfred Ashford must produce bank statements and investment ledgers. He delivers the statements in the exact folders and digital folders used by his accountant for monthly reconciliations. The production meets the requirement because the documents retain their ordinary filing structure.
Avalon Pharmaceuticals responds to a request for all franchise contracts. The company produces the files in the same three-ring binders kept by the licensing department, with tabs in the order used for annual audits. This format complies because the documents remain in their customary business arrangement.
Select any source to read its text and confirm it supports the definition.
Artemis Logistics produces study binders in response to a products liability request. The binders arrive exactly as stored on the research shelves, with tabs reflecting the sequence used for FDA submissions. The production satisfies the rule because the materials retain their ordinary business organization.
Adrian Aguilar produces corporate ledgers under subpoena. He delivers the volumes in the same locked cabinet order maintained by the bookkeeper for quarterly tax filings. The production meets the requirement because the ledgers appear in their customary business sequence.
The producing party violates the rule and may face sanctions or an order compelling proper production. The rule gives the requesting party the choice between the original business format and organized labeling.
Supporting sources
Yes. The same obligation covers ESI. A party must produce electronic files in the form they are kept in the usual course of business unless the parties agree or the court orders otherwise.
Supporting sources
Yes. The rule offers two alternatives. The producing party may either keep the original business order or organize and label the documents to correspond to the categories in the request.
Supporting sources
…interests. Then, too, independent research carries its own indicia of reliability, as it is conducted, so to speak, in the usual course of business and must normally satisfy a variety of standards to attract funding and institutional support. Finally, there is usually a limited number of scientists actively conducting research on the…