DCR 3.210
(Business Records Subpoenas)
- Disposal of Records: When business records are subpoenaed into the clerk's office pursuant to K.S.A. 60-245a, records not introduced into the record or made part of the record will be disposed of upon termination of the case. If return of the records has not been requested by the records custodian, the clerk will destroy said records, or they may be released to counsel of record with the written consent of the records custodian.
- Notice to Parties: When requesting a business records subpoena, counsel shall certify to the clerk that a Notice of the Issuance of a Subpoena has been given to all parties (K.S.A. 1977 Supp.60-245a(e)) and that more than ten (10) days have passed without objection. The clerk shall not be obligated to issue a subpoena until such certification is made.
- Subpoena of Protected Health Information: Health care providers will not be expected to release protected health information upon receipt of a subpoena unless accompanied by an appropriate authorization or Agreed Order for Inspection, Reproduction and Disclosure of Medical Records and Protected Health Information.
Revised: 5-21-08
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