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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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