What is the correct witness fee?
Witness fees for copying records is $15.00
Overcharging is illegal and Gemini is a licensed professional photocopier with the right to procure medical records and be charged the appropriate legal amount for the witness fee and release of records. We appreciate your help in our compliance with California state law.
Gemini is a licensed professional copy service under CA codes. As such, the custodian of records must release medical records that are a “true copy of all the records described in the Subpoena Duces Tecum, or pursuant to subdivision (e) of Section 1560.” (Evid. Code §1561(a)(2).) California’s Evidence Code authorizes Gemini to come into locations for the purpose of inspecting and obtaining records under section 1158(c) as Gemini is hired by attorneys and is a professional photocopier under Business and Professions Code section 22451. Because Gemini is a professional photocopier, under the provisions of Code of Civil Procedure section 2020.420, this also allows Gemini to act as the deposition officer for the purpose of copying business records in response to a subpoena.
Gemini is permitted to come in to inspect and copy medical records at your location under Civil Code of Procedure section 2020.430 (a)-(c), supported by section 1560(e) of the Evidence Code. Further, section 1560(e) also states that a witness must provide at least six continuous hours to the deposition officer for the copying of records: “. . . the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party’s attorney, the attorney’s representative, or deposition officer . . .at the witness’ business address under reasonable conditions during normal business hours. . . when provided with at least five business days’ advance notice by the party’s attorney, attorney’s representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party’s attorney, attorney’s representative, or deposition officer.”
For authorizations and subpoenas, Evidence Code sections 1158(f ) and 1563(b)(6) are the authorities: “Where the records are delivered to the attorney, the attorney’s representative, or the deposition officer for inspection or photocopying at the witness’ place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars($15), plus the actual cost, if any, charged to the witness by a third party for retrieval and return of records held off-site by that third person.”
Call the legal department (877) 739-7481
916-672-6943 (P) 707-204-6527 (F)