The personal attendance of the custodian and the production of the original record shall be required if the subpoena duces tecum contains a clause which reads:
"Original records are required, and the procedure authorized pursuant to section four-b, article five, chapter fifty-seven of this code, will not be deemed sufficient compliance with this 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