Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where any cause of action is alleged to have arisen and such subpoena requires the production of all or any part of the records of the hospital relating to the care or treatment of a patient in such hospital, it shall be sufficient compliance therewith if the custodian or other officer of the hospital shall, on or before the time specified in the subpoena duces tecum, file with court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or facsimile, exemplification or copy of such reproduction or copy) of all records described in such subpoena.
Structure West Virginia Code
Chapter 57. Evidence and Witnesses
Article 5. Miscellaneous Provisions
§57-5-1. Summons for Witnesses
§57-5-3. Production of Writings -- by Party
§57-5-4. Production of Writings -- by Person Other Than Party
§57-5-4a. Hospital Records; Definitions
§57-5-4b. Hospital Records; Furnishing Copies in Compliance With Subpoenas
§57-5-4c. Hospital Records; Sealing, Identification and Direction of Copies
§57-5-4d. Hospital Records; Opening of Sealed Envelopes
§57-5-4e. Hospital Records; Custodian's Affidavit; Charges
§57-5-4f. Hospital Records; Admissibility of Copies and Affidavits
§57-5-4g. Hospital Records; Obtaining Personal Attendance of Custodian
§57-5-4i. Hospital Records; Substitution of Copies After Introduction of Originals
§57-5-4j. Hospital Records; Evidence of Reasonableness of Medical Expenses
§57-5-5. Failure of Witness to Attend or Produce Writing
§57-5-6. Commitment to Jail of Person Attending but Refusing to Testify or Produce Writing
§57-5-7. Interpreters Required
§57-5-8. Who May Administer Oath to Witness
§57-5-10. Affidavit of Nonresidence; Affidavit of Publication in Newspaper