1. A custodian of medical records sufficiently complies with a subpoena calling for the production of medical records in the custodian’s custody if the custodian delivers, at or before the time set for the return of the subpoena, either personally or by mail, to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpoena for medical records, it may order the subpoenaed record to be returned to the submitting custodian.
4. The affidavit required by subsection 2 must be substantially in the form prescribed in subsection 3 of NRS 52.260.
(Added to NRS by 1973, 359; A 1977, 1534; 1983, 535; 1985, 1208; 1995, 1728)
Structure Nevada Revised Statutes
Chapter 52 - Documentary and Other Physical Evidence
NRS 52.015 - Authentication or identification required.
NRS 52.025 - Testimony of witness with knowledge.
NRS 52.035 - Handwriting: Nonexpert opinion.
NRS 52.045 - Handwriting: Comparison by trier or expert witness.
NRS 52.055 - Handwriting: Distinctive characteristics.
NRS 52.065 - Identification by voice.
NRS 52.085 - Public records and reports.
NRS 52.095 - Ancient documents; compilations of data.
NRS 52.105 - Process or system.
NRS 52.115 - Foreign public documents.
NRS 52.125 - Certified copies of public records.
NRS 52.135 - Official publications.
NRS 52.145 - Newspapers; periodicals.
NRS 52.155 - Trade inscriptions, signs, tags and labels.
NRS 52.165 - Acknowledged documents.
NRS 52.175 - Subscribing witness’ testimony unnecessary.
NRS 52.195 - "Duplicate" defined.
NRS 52.205 - "Original" defined.
NRS 52.215 - "Photographs" defined.
NRS 52.225 - "Writings" and "recordings" defined.
NRS 52.235 - Original required.
NRS 52.245 - Admissibility of duplicates.
NRS 52.255 - Admissibility of other evidence of contents.
NRS 52.260 - Record made in course of regularly conducted activity; affidavit required.
NRS 52.285 - Testimony or written admission of party.
NRS 52.295 - Functions of judge and jury.
NRS 52.305 - Marks instead of signatures; witnesses.
NRS 52.315 - Seal unnecessary.
NRS 52.335 - Copies delivered to clerk of court: Custody; maintenance; return.
NRS 52.345 - Notice of delivery to clerk of court.
NRS 52.355 - Order for production of original documents; appearance by custodian.
NRS 52.365 - Use of copies in discovery proceedings.
NRS 52.375 - Fees for subpoenas; admissibility of medical records.
NRS 52.380 - Attendance by observer.
NRS 52.400 - Marijuana: Procedure for destruction of unnecessary quantity seized as evidence.
NRS 52.415 - Authentication of copies.
NRS 52.435 - Order for production of original record; appearance by custodian.
NRS 52.460 - Authentication of copies; form and contents of affidavit.
NRS 52.480 - Order for production of original record; appearance by custodian.
NRS 52.500 - Evidence describing measurements of hazardous waste or hazardous material.