or near the time of the act, event, condition, opinion or diagnosis recited therein by or from information transmitted by a person with knowledge, in the course of a regularly conducted activity of the deponent or ............ (name of employer) ................ ............................................................................... Subscribed and sworn to before me, a Notary Public, on this ....... day of the month of ....... of the year ....... ....................................................................................................................................................... Notary Public ................ County, Nevada My appointment expires:........................................................................................................... 4. A party intending to offer an affidavit pursuant to this section must serve on the other parties a notice of the intent and make available for inspection or copying the records of the regularly conducted activity at least 10 days before the records are to be introduced at a hearing, unless the court shortens this time for good cause shown. 5. If during a trial or a proceeding for discovery, the authenticity of a record of a regularly conducted activity is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the record or other qualified person and may order that the original records be produced. 6. For the purposes of this section: (a) “Custodian of the records” means an employee or agent of an employer who has the care, custody and control of the records of the regularly conducted activity of the employer. (b) “Employer” means: (1) The State of Nevada, any state agency, county, city, town, school district or other unit of local government; (2) Any public or quasi-public corporation; or (3) Any other person, firm, corporation, partnership or association. (c) “Records” means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by an employer. (Added to NRS by 1995, 1727; A 2001, 27) NRS 52.265 Public records. 1. Except as otherwise provided in NRS 52.247, the contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct by the custodian or other person authorized to make the certification or testified to be correct by a witness who has compared it with the original. 2. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. (Added to NRS by 1971, 801; A 1995, 182) NRS 52.275 Summaries. 1. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. 2. The originals shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that the originals be produced in court. (Added to NRS by 1971, 801) NRS 52.285 Testimony or written admission of party. Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original. (Added to NRS by 1971, 801; A 1979, 37) NRS 52.295 Functions of judge and jury. 1. Except as otherwise provided in subsection 2, when the admissibility of other evidence of contents under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the judge to determine. 2. When an issue is raised: (a) Whether the asserted writing ever existed; (b) Whether another writing, recording or photograph produced at the trial is the original; or (c) Whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. (Added to NRS by 1971, 801) EXECUTION OF WRITINGS NRS 52.305 Marks instead of signatures; witnesses. 1. The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if: (a) The person makes his mark; (b) The name of the person making the mark is written near it; and (c) The mark is witnessed by a person who writes his own name as a witness. 2. In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto. (Added to NRS by 1971, 801) NRS 52.315 Seal unnecessary. The word “seal,” and the initial letters “L.S.,” and other words, letters or characters of like import, opposite the name of the signer of any instrument in writing, are unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument does not impair the validity of such instrument. (Added to NRS by 1971, 802) MEDICAL RECORDS NRS 52.320 Definitions. As used in NRS 52.320 to 52.375, inclusive, unless the context otherwise requires: 1. “Custodian of medical records” means a chiropractor, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or a facility for convalescent care, medical laboratory or hospital who has care, custody and control of medical records for such a person or institution. 2. “Medical records” includes bills, ledgers, statements and other accounts which show the cost of medical services or care provided to a patient. (Added to NRS by 1983, 535) NRS 52.325 Subpoenaed records: Delivery of authenticated copy by custodian; order for return of record; form of affidavit of authentication. 1. A custodian of medical records sufficiently complies with a subpoena calling for the production of medical records in his custody if he delivers, at or before the time set for the return of the subpoena, either personally or by mail, to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction. 2. The copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity. 3. If the court quashes or suppresses a subpoena for medical records, it may order the subpoenaed record to be returned to the submitting custodian. 4. The affidavit required by subsection 2 must be substantially in the form prescribed in subsection 3 of NRS 52.260. (Added to NRS by 1973, 359; A 1977, 1534; 1983, 535; 1985, 1208; 1995, 1728) NRS 52.335 Copies delivered to clerk of court: Custody; maintenance; return. 1. Except as provided in NRS 52.365, the copy of a medical record delivered pursuant to NRS 52.325 shall be kept in the custody of the clerk of the court issuing the subpoena, in a sealed container supplied by the custodian of the medical record

Vegas Law