W.D.N.C. LCvR 45.1

(a) Custodians of Public Records. Where a subpoena commands any custodian of

public records to appear for the sole purpose of producing certain records in their custody, the

custodian may, in lieu of a personal appearance, tender to the Clerk of Court, by registered mail or

personal delivery, certified copies of the records requested, on or before the date and time specified

in the subpoena, together with a copy of the subpoena and an affidavit by the custodian as to the

authentication of the record tendered or, if no such records are in their custody, an affidavit to that

effect.

(b) Custodians of Medical Records. Where a subpoena commands the custodian of

medical records to appear for the sole purpose of producing certain records in their custody, the

custodian subpoenaed may, in lieu of a personal appearance, tender to the Clerk of Court, by

certified mail or personal delivery, certified copies of the records requested, on or before the time

specified in the subpoena, together with a copy of the subpoena and an affidavit by the custodian

testifying to the identity and authenticity of the records, that they are true and correct copies, and

as appropriate, that the records were made and kept in the regular course of business at or near the

time of the acts, conditions, or events recorded, and that they were made by persons having

knowledge of the information set forth; or if no such records are in their custody, an affidavit to

that effect. When the copies of medical records are personally delivered, a receipt shall be obtained

from the person receiving the records.

(c) Admissibility and Format. Any original or certified copy of any public or medical

records, or affidavit, delivered according to the provisions of this Rule shall not be held

inadmissible in any action or proceeding on the grounds that it lacks certification, identification,

or authentication, and it shall be received as evidence if otherwise admissible. Any data

maintained in electronic format should, if readily retrievable, be submitted in electronic format.

Certification of copies of such electronically provided records may be accomplished by

appropriate affidavit in the same manner as described in the preceding paragraphs.

(d) Protection of Privacy. The copies of public or medical records so tendered may

not be inspected or copied by any persons, except the parties and their attorneys, unless ordered

published by the judge at the time of the hearing or trial. Nothing contained herein shall be

construed to waive the physician-patient privilege or to require any privileged communications

under law to be disclosed.

Unless the underlying subpoena for medical records is accompanied by the patient’s

written consent, the materials submitted to the Court in response thereto shall not be disclosed to

anyone, including the parties and their attorneys, except upon judicial finding that disclosure is

necessary to the proper administration of justice.

(e) Duties of the Clerk of Court. The Clerk of Court will sign or mark as “Received”

a receipt if such is tendered by the subpoenaed party. The Clerk of Court has no duty to generate

a receipt or mail a receipt back to the responding party unless a receipt and self-addressed stamped

envelope is provided. The Clerk of Court will not file, scan, or otherwise make the proffer part of

the official record unless instructed to do so by a judge of the Court. Upon presentation to the

Court, the Clerk of Court must stamp the first page or cover sheet of any such material as

“Received,” and place the materials in an official Court envelope or other container indicating that

the materials are sealed. The Clerk of Court must bring such filing to the Court’s attention at an

appropriate time in the proceedings.

Unless such materials are made part of the record, the Clerk of Court may destroy the

materials within a reasonable time after the case is closed and appeals are exhausted. Originals

may be returned to the custodian if arrangements are made with the Clerk of Court at the time of

tender.