Personal Attendance of Custodian — Form of Subpoena

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  1. Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause that reads:

    “The procedure authorized pursuant to the Financial Records Privacy Act §§45-10-110 —45-10-113 will not be deemed sufficient compliance with this subpoena.”

  2. Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause that reads:

    “Original records are required, and the procedure authorized pursuant to the Financial Records Privacy Act §§45-10-110 —45-10-113 will not be deemed sufficient compliance with this subpoena.”

  3. Where the personal attendance of the custodian is required, the immediate custodian or immediate custodians of the records required shall appear, and the custodian or custodians shall be compensated as witnesses, in addition to the reasonable cost of producing the records being taxed as costs of court.


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