The personal attendance of the custodian and the production of the original record shall be required if the subpoena duces tecum contains a clause which reads:

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Terms Used In West Virginia Code 57-5-4h

  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.

"Original records are required, and the procedure authorized pursuant to section four-b, article five, chapter fifty-seven of this code, will not be deemed sufficient compliance with this subpoena."