2014 Kentucky Revised Statutes CHAPTER 422 - EVIDENCE AND LOST RECORDS 422.290 Attendance of Department of Corrections personnel as witnesses in civil suits out of county -- Records provable by copy.
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422.290 Attendance of Department of Corrections personnel as witnesses in
civil suits out of county -- Records provable by copy.
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No officer or employee of the Department of Corrections shall be required to
give personal attendance as a witness in any civil suit, arising from that
person's employment, out of the county in which his or her official workstation
is situated, but his or her deposition shall be taken in lieu thereof. However, in
the court in which the civil action is pending, if the court finds that the witness is
a necessary witness for trial, the court may order the personal attendance of
the witness at trial.
Subject to the approval of the court, the Department of Corrections records
which relate to supervision, custody, or confinement of an offender or which
constitute an offender's medical charts or 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 by the employee of the department charged with the
responsibility of being the custodian of the originals thereof. The certification
shall be signed before a notary public by the employee and shall include the
full name of the offender and, for medical charts or records, the offender's
medical record number and the number of pages in the medical record. The
certification shall also include a legend substantially to the following effect:
"The copies of records for which this certification is made are true and
complete reproductions of the original or microfilmed records which are housed
at (provide the office, address, and phone number). The original records were
made in the regular course of business, and it was the regular course of the
Department of Corrections to make the records at or near the time of the
matter recorded. This certification is given by the custodian of the records in
lieu of the custodian's personal appearance."
Nothing in this section shall be construed as a waiver of any privilege the
department may have relating to the records.
Effective:July 15, 2002
History: Created 2002 Ky. Acts ch. 11, sec. 6, effective July 15, 2002.
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