A term used in litigation or other disputes referring to a corporate (or other organizational) employee who exercises control over the organization's records in the ordinary course of business.

Organizations typically do not have an employee with the specific title of "custodian of records." Instead, the organization's custodian is the individual whom the organization produces in litigation to testify about its documents (often in response to a subpoena or deposition notice). The custodian of records speaks for the organization and may therefore establish the authenticity of the organization's documents. The custodian may provide information about the documents' creation and maintenance to allow for their admission into evidence. For example, a litigant may seek to depose a corporate adversary's custodian of records to establish the admissibility of certain corporate documents under the business records exception to the hearsay rule. The records custodian may also submit an affidavit certifying that records submitted in the litigation were kept in the regular course of the organization's business activities.