Ark. Code Ann. » Title 16 Chapter 46
Arkansas Code Annotated

Ark. Code Ann. § 16-46-305 (2020)

Affidavit of custodian as to copies — Charges

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  1. The records shall be accompanied by an affidavit of a custodian stating in substance:
    1. That the affiant is the duly authorized custodian of the records and has authority to certify the records;
    2. That the copy is a true copy of all the records described in the subpoena; and
    3. That the records were prepared by personnel of the hospital, staff physicians, or persons acting under the control of either, or the physician, personnel of the physician's office, or persons acting under control of the physician, in the ordinary course of the hospital's or physician's office business at or near the time of the act, condition, or event reported therein.
  2. If the hospital or physician's office has none of the records described, or only part of them, the custodian shall state so in the affidavit and file the affidavit and any records as are available in the manner described in §§ 16-46-302 and 16-46-303.
  3. The custodian of the records may enclose a statement of costs for copying the records, and the costs of copying the records shall be borne by the party requesting the subpoena duces tecum for the records.

History. Acts 1981, No. 255, § 5; A.S.A. 1947, § 28-940; Acts 2007, No. 662, § 4.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2016–2022 · leading case: Jack Bennett & Cindy Bennett v. Wiley B. Ballow, 2022 Ark. App. 311, 653 S.W.3d 357.
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Jack Bennett & Cindy Bennett v. Wiley B. Ballow, 2022 Ark. App. 311, 653 S.W.3d 357. · cites it 4× “The Hospital Records Act has provisions that address both concerns, see Ark. Code Ann. § 16-46-305 (Supp. 2021) & § 16-46-306 (Repl.”
Washington v. State, 2016 Ark. App. 565. · cites it 2× “2d 582 (1997), Arkansas Rule of Evidence 901, and portions of the Hospital Records Act ( Ark. Code Ann. §§ 16-46-305 , 306) to support his argument.”
Washington v. State, 2016 Ark. App. 565, 506 S.W.3d 893. · cites it 2× “2d 582 (1997), Arkansas Rule of Evidence 901, and portions of the Hospital Records Act ( Ark. Code Ann. §§ 16-46-305 , 306) to support his argument.”
Washington v. State, 2016 Ark. App. 565, 506 S.W.3d 893. · cites it 2× “2d 582 (1997), Arkansas Rule of Evidence 901, and portions of the Hospital Records Act ( Ark. Code Ann. §§ 16-46-305 , 306) to support his argument.”
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