Local Rule LOCAL CIVIL RULE 45: SUBPOENA

LOCAL CIVIL RULE 45 - SUBPOENA

(a) Witness Fees and Mileage. It shall be the duty of the person provoking the issuance of any subpoena for a witness to cause to be tendered to the witness, at the time of service of the subpoena, one day's attendance fee and the legal amount for mileage to and from the place of trial or hearing, as set forth in 28 U.S.C. § 1821, and further to cause to be paid concurrently to any such witness the daily attendance fee for each day the witness is required to attend said trial or hearing. No witness shall be liable to attachment for not obeying the subpoena if this Rule has not been complied with. This Rule does not apply to witnesses for the United States.

(b) Notification of Witnesses. Any person who has provoked the issuance of a subpoena shall notify the person subpoenaed if the witness's attendance will not be required in time to prevent the witness from making a needless trip. Any person failing to comply with this Rule may be subject to appropriate sanctions.

(c) Subpoena Duces Tecum to Hospitals.

(1) When a subpoena duces tecum is served upon the custodian of records or other qualified witness from a hospital or other healthcare facility in an action in which the hospital or facility is not a party and such 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 such hospital or facility, it shall be sufficient compliance therewith 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 such subpoena to the Clerk of Court or other tribunal, or if there is no Clerk of Court, then the Court or other tribunal, together with the affidavit described in Subsection (2). Production of the record shall occur prior to the time fixed for the trial, but no earlier than ten working days before the trial date unless otherwise directed in the pretrial order. This section is limited to procedures for complying with a subpoena duces tecum for purposes of trial and shall not affect the rights of parties to production of documents pursuant to laws governing discovery or other laws pertaining thereto, including Fed. R. Evid. 902(11).

(2) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:

(A) That the affiant is the duly authorized custodian of the records and has authority to certify the records.

(B) That the copy is a true copy of all records described in the subpoena.

(C) 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 at or near the time of the act, condition, or event.

(3) If the hospital or facility has none of the records described, or only part thereof, the custodian shall so state in the affidavit, and deliver the affidavit and such records as are available in the manner provided in Subsection (1).