Practice Tip: Authenticate Your Business Records Properly

The Court of Appeals recently reversed the grant of summary judgment as the result of the movant failing to properly authenticate business records in the form of credit card statements and other account documents that were used in support of its motion for summary judgment. Brown v. Serv. Credit Union, 2025 Ga. App. Lexis 575 (Ga. Ct. App. Dec. 19, 2025). The Court of Appeals reiterated that the requirements of the statute must be followed in order to overcome such records being inadmissible hearsay. Id.

In Brown, the movant submitted two affidavits of its employees, a legal specialist and a bankruptcy/legal specialist. Id. at 2. The affidavits were made relying on credit card statements and other account documents associated with defendant's accounts at issue. Id. Both employees stated they had knowledge of SCU's methods of keeping records, had access to and knowledge of records kept in the ordinary course of SCU's business, that SCU maaintained copies of the records, and that such records were maintained as business records. Id. at * 2-3.

After review, the Court of Appeals reversed the grant of summary judgment in favor of SCU stating that the affidavits did not properly authenticate the documents as business records.

Affidavits purporting to establish the amount of a debt without accompanying business records, where appropriate, are insufficient to sustain summary judgment." PraultShell v. River City Bank, 366 Ga. App. 70, 76 (1) (b) (880 SE2d 616) (2022) (citation and punctuation omitted). And affidavit testimony based on the content of business records constitutes inadmissible hearsay if the records are not properly authenticated. Sanders v. TD Auto Finance, 366 Ga. App. 376, 378-79 (1) (883 SE2d 53) (2023). Therefore, on the record, the Court of Appealas found that such documents constituted inadmissible hearsay. Id. at *8-9.

The Court of Appealas explained that Rule 803 (6) provides for the admission of business records as an exception to the rule against hearsay when a proper foundation is laid. Under that rule, a business record is admissible as an exception to the hearsay rule if: the record was made at or near the time of the described act; the record was made by a person with personal knowledge and a business duty to report; the record is admitted through the testimony of a qualified witness; the record was kept in the course of a regularly conducted business activity; the record was made as part of the business's regular business activity; and the source of information or the method or circumstances of preparation do not indicate a lack of trustworthiness. Matthews v. Wells Fargo Bank, 335 Ga. App. 526, 526-27 (782 SE2d 312) (2016).

The failure to state that such records were made at or near the time of the described acts, that the records were made by, or from information transmitted by, a person with personal knowledge and a business duty to report, or that the records were made as part of SCU's regular business activity proved fatal to the admissibility as business records.

Make sure you are following the requirements to get every document properly authenticated at the summary judgment or trial phase of litigation.

The Mullman Law Firm, LLC is a trial firm dedicated to assisting clients in complying with the rules of evidence. Call us today for assistance with all your litigation needs.