The records shall be accompanied by an affidavit of a custodian stating in substance: (a) That the affiant is a duly authorized custodian of the records and has authority to certify said records, (b) that the copy is a true copy of all the records described in the subpoena, (c) that the records were prepared by the personnel of the hospital, staff physicians, or persons acting under the control of either, in the ordinary course of hospital business at or near the time of the act, condition or event reported therein, and (d) certifying the amount of the reasonable charges of the hospital for furnishing such copies of the record. If the hospital has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in sections four-b and four-c. The filing of such affidavit with respect to reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of court.
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