Records, originals, and translations
"Business records" is four different questions wearing one name. The desk below keeps them apart — and the fourth line is drawn by the statute itself, not by this platform. Nothing here picks a route for you, drafts an affidavit, or predicts a ruling.
The four-concept desk
CONCEPT 1
The hearsay exception
Is the record admissible over a hearsay objection?
“the record was kept in the course of a regularly conducted business activity”
CONCEPT 2
The paper foundation
Can the foundation arrive by affidavit or unsworn declaration instead of a live witness?
“all these conditions are shown by the testimony of the custodian or another qualified witness, or by an affidavit or unsworn declaration that complies with Rule 902(10)”
CONCEPT 3
Reasonableness and necessity
Is the CHARGE reasonable and the SERVICE necessary — the § 18.001 lane?
“is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
CONCEPT 4
Causation — never in the affidavit
What connects the treatment to the incident? The statute answers itself:
“The affidavit is not evidence of and does not support a finding of the causation element of the cause of action that is the basis for the civil action.”
The paper foundation has its own clock — the 14-day service window below — and § 18.001's deadline is the EARLIEST of three dates, only one of which arithmetic can reach without your docket.
Rule 1004 — five routes to content without the original
Article X starts at the original. When the original cannot come, the rule names exactly five ways forward — each shown in its own clause, and one of them existing nowhere but Texas.
(a) Lost or destroyed — without bad faith
“all the originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith”
(b) Beyond judicial process
“an original cannot be obtained by any available judicial process”
(c) The original is not located in Texas
THE TEXAS-ONLY ROUTE“an original is not located in Texas”
(d) Opponent control, notice, nonproduction
“was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it”
(e) Not closely related to a controlling issue
“the writing, recording, or photograph is not closely related to a controlling issue”
A route past the original is never a route past the other gates — authentication, hearsay, privilege, and the Rule 403 balance survive every clause above. Read Rule 1004 whole →
The clocks on this desk
Each deadline below is stated in the rule's own words; the deadline engine computes them against your trial date with the full trace.
Business records — served at least 14 days before trial
“The proponent of a record must serve the record and the accompanying affidavit on each other party to the case at least 14 days before trial.”
An unsworn declaration under penalty of perjury may stand in for the affidavit, and a good-cause valve exists — both in the rule's own words on the unit page.
Translations — served at least 45 days before trial
“A translation of a foreign language document is admissible if, at least 45 days before trial, the proponent serves on all parties”
Translation objections — served at least 15 days before trial
“A party must serve the objection on all parties at least 15 days before trial.”
Silence has a price the rule states itself: absent a timely objection or conflicting translation, the court must admit the translation and may not allow an accuracy attack.
Foreign-law materials — supplied at least 30 days before trial
“at least 30 days before trial, supply all parties a copy of any written materials or sources the party intends to use to prove the foreign law”