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      CCRP 103     


Art. 103.  Subpoena of witnesses; testimony; subpoena duces tecum; issuance

A.  The coroner may issue a subpoena or a subpoena duces tecum in the course of an investigation, directing a witness to appear and testify at an open hearing to be held at a time and place designated in the subpoena or directing the production of medical records and other documents relating to a deceased person which are necessary to classify the cause and manner of death.  The subpoena shall be served in the same manner and with the same effect as a subpoena for a witness at a trial.

B.(1)  The subpoena duces tecum shall be filed in and issued by the district court in the domicile of the coroner, and may be served by a coroner investigator.

(2)  Production of the records, or a copy thereof, shall be made at the office of the coroner within five days of service of the subpoena duces tecum.

(3)  All records produced pursuant to a subpoena duces tecum issued in accordance with this Paragraph are confidential unless otherwise ordered by the court.  However, a subpoena duces tecum for the production of a public record does not alter the public nature of that record.

(4)  Any person acting pursuant to and in accordance with the provisions hereof shall be immune from liability for production or disclosure to the coroner of the records identified in the subpoena duces tecum.

(5)  Failure to comply with a subpoena duces tecum issued under this Article is punishable as contempt of court.

C.  The witness shall be sworn, in accordance with Article 14, by the coroner or another person authorized to administer oaths, and the testimony may be reduced to writing.  If the testimony is reduced to writing, the transcript shall be available for inspection by a person requesting it.  Failure of a witness to appear is punishable as a constructive contempt of court.

D.  No provision of this Article shall be deemed to amend, supersede, or repeal the provisions of R.S. 45:1455 et seq.

Acts 1995, No. 887, §1.

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