2.10.670 Subpoena duces tecum – Nonparty.
(a) When a subpoena duces tecum is served upon the custodian of records or other qualified witness from a business, hospital or other health care facility in an action in which the business, hospital or facility is not a party, and the subpoena requires the production of all or any part of the records of the business, hospital or facility, sufficient compliance will be accorded by the Court if the custodian or other officer of the business, hospital or facility delivers by registered mail, secured and confidential email, or by hand a true and correct copy of all records described in the subpoena to the Clerk of Court.
(b) The records must be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:
(1) That the affiant is the duly authorized custodian of the records and has authority 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 business, hospital or facility, staff physicians, or persons acting under the control of either in the ordinary course of the business, hospital or facility at or near the time of the act, condition, or event.
(c) If the business, hospital or facility has none of the records described, or only part thereof, the custodian shall so state in the affidavit. [Ord. 81, amended, 1/6/2023; Ord. 63, renumbered, 12/6/2019; Rule mod. dated 8/2018 dated 8/2018; Ord. 48 § 14.14, amended, 1/6/2017; Ord. 26, amended, 4/1/2012; Ord. 19, amended, 10/22/2008. Formerly 2.10.620.]