§ 9-17-5.1 - Subpoena for production of documentary evidence.
SECTION 9-17-5.1
§ 9-17-5.1 Subpoena for production ofdocumentary evidence. – (a) When a subpoena for the production of books, papers, documents, or tangiblethings is served on a federal or state agency, public utility, national bank,insurance company, financial institution, or a public or private institution ofhigher education organized under state or federal laws, it shall be deemed asufficient response to the subpoena if the employee of the entity charged withthe responsibility of being custodian of the original records promptly providesthe attorney for the party causing service of the subpoena copies of alldocuments requested by the subpoena. All responses to the subpoena shallcontain a certificate which shall be signed before a notary public by theemployee of the entity charged with the responsibility of being custodian ofthe records and shall include a legend substantially to the following effect:"The copies of records for which this certification is made are true andcomplete reproductions of the original or microfilmed records which are in thepossession of (name of entity). The original records were made in the regularcourse of business, and it was the regular course of (name of entity) to makesuch records at or near the time of the matter recorded. This certification isgiven pursuant to Rhode Island general laws § 9-17-5.1 by the custodian ofthe records in lieu of his or her personal appearance."
(b) Documents or records of any federal or state agency,public utility, national bank, financial institution organized under state orfederal laws, a public or private institution of higher education, or of ahospital that are susceptible to photostatic reproduction may be proved as tofoundation, identity, and authenticity without any preliminary testimony, byuse of legible and durable copies, certified in the manner provided insubsection (a) by the employee of the entity charged with the responsibility ofbeing custodian of the originals thereof. The copies may be used in any trial,hearing, deposition, or any other judicial or administrative action orproceeding, whether civil or criminal, in lieu of the original documents orrecords which, however, the entity shall hold available for inspection andcomparison by the court, tribunal, or hearing officer and by the parties andtheir attorneys of record.
(c) In the event any of the entities are unable to providethe documents requested in the subpoena due to the timeliness of the service ofthe subpoena or for other legal reasons, then the employee charged with theresponsibility of being custodian of the records for the entity shall set forthin the certificate required hereunder the specific reasons for thenoncompliance, the time of service of the subpoena, and if appropriate the timeanticipated in complying with the subpoena.