(A) When a subpoena duces tecum is served upon a custodian of medical records or other
qualified witness from a hospital or other health care facility in an action in which the
hospital or facility is not a party and the subpoena requires the production for trial of all
or any part of the records of the hospital or facility relating to the care and treatment of a
patient in the hospital or facility, compliance with the subpoena is sufficient if the
custodian or other officer of the hospital or facility delivers by registered mail or by hand
a true and correct copy of all records described in the subpoena to the clerk of court,
together with the affidavit described in Subsection B. Production of the record must occur
before the time fixed for the trial, but no earlier than two working days before the trial
date unless otherwise directed by the court. This section is limited to procedures for
complying with a subpoena duces tecum for purposes of trial and does not affect the
rights of parties to production of documents pursuant to laws governing discovery or
other laws pertaining to production of documents.
(B) The records must be accompanied by the affidavit of the custodian or other qualified
witness, stating in substance:
1. That the affiant is the duly authorized custodian of the records and is authorized to
certify the records.
2. That the copy is a true copy of all records described in the subpoena.
3. That the records were prepared by the personnel of the hospital or facility, staff
physicians, or persons acting under the control of either in the ordinary course of
the business of the hospital or facility.
(C) If the hospital or facility has none of the records described, or only part thereof, the
custodian must so state in the affidavit, and deliver the affidavit and any available records
in the manner provided in Subsection A. [Amended February 1, 2011]
LOCAL CIVIL RULE 47 - JURORS
