Deponents Exempt From Subpoena to Trial but Subject to Subpoena to Deposition — Award of Fees and Expenses if Court Grants Motion to Quash

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  6. Deponents Exempt From Subpoena to Trial but Subject to Subpoena to Deposition — Award of Fees and Expenses if Court Grants Motion to Quash

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  1. Deponents exempt from subpoena to trial but subject to subpoena to a deposition are:
    1. An officer of the United States;
    2. An officer of this state;
    3. An officer of any court or municipality within the state;
    4. The clerk of any court of record other than that in which the suit is pending;
    5. A member of the general assembly while in session, or clerk or officer thereof;
    6. A practicing physician, physician assistant, advanced practice registered nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
    7. A jailer or keeper of a public prison in any county other than that in which the suit is pending;
    8. A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided in title 68, chapter 11, part 4, for the production of hospital records pursuant to a subpoena duces tecum; and
    9. A licensed clinical social worker, as defined in § 63-23-105 and engaged solely in independent clinical practice, in proceedings in which the department of children's services is the petitioner or intervening petitioner.
  2. If the court grants a motion to quash a subpoena issued pursuant to subsection (a), the court may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena.


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