M.D. La. LR 45

(a) Witness Fees and Mileage. It shall be the duty of the person provoking the issuance of any

subpoena for a witness to cause to be tendered to the witness, at the time of service of the

subpoena, one day's attendance fee and the legal amount for mileage to and from the place of

trial or hearing, as set forth in 28 U.S.C. § 1821, and further to cause to be paid concurrently to any

such witness the daily attendance fee for each day the witness is required to attend said trial

or hearing. No witness shall be liable to attachment for not obeying the subpoena if this Rule

has not been complied with. This Rule does not apply to witnesses for the United States.

(b) Notification of Witnesses. Any person who has provoked the issuance of a subpoena shall

notify the person subpoenaed if the witness’s attendance will not be required in time to prevent

the witness from making a needless trip. Any person failing to comply with this Rule may be

subject to appropriate sanctions.

(c) Subpoena Duces Tecum to Hospitals.

(1) When a subpoena duces tecum is served upon the custodian of records or other qualified

witness from a hospital or other health care facility in an action in which the hospital or facility

is not a party and such subpoena requires the production for trial of all or any part of the

records of the hospital or facility relating to the care and treatment of a patient in such

hospital or facility, it shall be sufficient compliance therewith if the custodian or other

officer of the hospital or facility delivers by registered mail or by hand a true and correct

copy of all records described in such subpoena to the Clerk of Court or other tribunal, or if

there is no Clerk of Court, then the Court or other tribunal, together with the affidavit

described in Subsection (2). Production of the record shall occur prior to the time fixed for

the trial, but no earlier than ten working days before the trial date unless otherwise directed

in the pretrial order. This section is limited to procedures for complying with a subpoena

duces tecum for purposes of trial and shall not affect the rights of parties to production of

documents pursuant to laws governing discovery or other laws pertaining thereto,

including Fed. R. Evid. 902(11).

(2) The records shall be accompanied by the affidavit of the custodian or other qualified witness,

stating in substance each of the following:

(A) That the affiant is the duly authorized custodian of the records and has authority

to certify the records.

(B) That the copy is a true copy of all records described in the subpoena.

(C) That the records were prepared by the personnel of the hospital or facility, staff

physicians, or persons acting under the control of either in the ordinary course of

the business of the hospital or facility at or near the time of the act, condition, or

event.

(3) If the hospital or facility has none of the records described, or only part thereof, the

custodian shall so state in the affidavit, and deliver the affidavit and such records as are

available in the manner provided in Subsection (1).