§ 49-50-1502. Part Definitions
As used in this part, unless the context otherwise requires: “Custodian” means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records; “Educational institution” means […]
§ 49-50-1503. Subpoena Duces Tecum Service and Filing
Except as provided in § 49-50-1508, when a subpoena duces tecum is served upon a custodian of records of any educational institution in this state in an action or proceeding in which the educational institution is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena […]
§ 49-50-1504. Production of Subpoenaed Records
The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The custodian of the record shall affix to the sealed envelope or wrapper containing student records an affidavit stating that each […]
§ 49-50-1505. Unsealing Subpoenaed Records — Duties of Custodian and Issuing Attorney
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of […]
§ 49-50-1506. Custodian Affidavit — Costs
The records shall be accompanied by an affidavit of a custodian stating in substance: That the affiant is the duly authorized custodian of the records and has authority to certify the records; That the copy is a true copy of all the records described in the subpoena; That the records were prepared by the personnel […]
§ 49-50-1507. Evidentiary Value of Record Copies and Affidavits
The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit. The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed […]
§ 49-50-1508. Requiring Personal Attendance of Custodian — Costs
Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause that reads: “The procedure authorized pursuant to § 49-50-1503 will not be deemed sufficient compliance with this subpoena.” Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces […]
§ 49-50-1509. Substitution and Preparation of Record Copies
In view of the property right of the educational institution in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for […]
§ 49-50-1501. Short Title
This part shall be known and may be cited as the “Educational Records as Evidence Act.”