41.345 Photostatic copies of Treasury records -- Use as evidence.
(1)
(2)
Treasury checks and records that are susceptible to photostatic reproduction may be
proved as to foundation, identity, and authenticity without any preliminary
testimony, by use of legible and durable copies, certified in the manner provided
herein by the State Treasurer as custodian of the originals. The copies may be used
in any trial, hearing, deposition, or any other judicial or administrative action or
proceeding, whether civil or criminal, in lieu of the original checks or records.
When a subpoena duces tecum is served upon the State Treasurer requiring the
production of any checks or records at any action or proceeding, it is sufficient if the
State Treasurer, as custodian of the original thereof, promptly notifies, in writing,
the attorney for the party causing service of the subpoena, of the State Treasurer's
election to proceed under the provisions of this section. Upon notification, the
attorney causing the service of the subpoena shall notify all other attorneys of
record, or other parties if they are not represented by attorneys, of the State
Treasurer's procedure. Following notification, the State Treasurer as custodian of
the checks or records specified in the subpoena shall promptly deliver, by certified
mail, legible and durable copies, certified by the State Treasurer, of checks or
records specified in the subpoena. The certification shall be signed before a notary
public by the State Treasurer as custodian of the records.
Effective: March 30, 1990
History: Amended 1990 Ky. Acts ch. 211, sec. 2, effective March 30, 1990. -- Created
1986 Ky. Acts ch. 372, sec. 1, effective July 15, 1986.
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