Costs of reproducing records — costs of appearing in court or deposition — limitation of liability
Effective Aug 28, 2000(L. 2000 S.B. 896)
- 1. Any person requesting association records by subpoena in a civil court case shall reimburse the association fifteen dollars plus a fee of thirty-five cents per page for researching the records and copying or reproduction of such records.
- 2. If the requesting party provides the association a written affidavit, signed by all parties to whom the records pertain, granting permission to release the records at least fourteen days prior to the date scheduled for a records' deposition, then the association may mail the records to the requesting party with a business records' affidavit in lieu of an association officer appearing at a deposition. If an association officer must appear in court or at a records' deposition in response to a subpoena, the requesting party shall be responsible for the association's reasonable expenses incurred for appearing in court or at a deposition.
- 3. A court may assess as costs against any party the expenses incurred and paid to an association for records produced or appearances in the civil action.
- 4. An association shall have no liability to an account holder for disclosing records in reliance on an affidavit to it in accordance with this section.
(L. 2000 S.B. 896)