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21. Court Appearances by Cooperative Observers

When an observer is contacted by an attorney or court official with a subpoena for a case where

weather conditions may be a factor in litigation, the following information should be used as a guide to the observer and those involved in the court action.

a. It is possible that most or all of the weather information required for the case may already be

available, certified and in published form, at the nearest NWS office. Certified copies of

records, as opposed to publications, which are also admissible as evidence in Federal courts

pursuant to 28 USC 1733(b), are available from NCDC at the following address:

National Climatic Data Center

Attention: Climatic Information Branch

Federal Building

37 Battery Park Ave.

Asheville, North Carolina 28801

The telephone number is (704) 271-4682.

The above statute provides: “Properly authenticated copies or transcripts of any book, record, paper, or documents of any department or agency of the United States, shall be admitted in evidence equally with the original - thereof.” However, this does not mean they are admissible in state courts, although many state courts will accept certified records in evidence without authentication.

There is a nominal fee for the certified copies of records and publications.

b. Requests for certified copies of records, where certified published data will not suffice, should

be referred to NCDC since that office is the custodian of the original records. Carbons or

photocopies should not be certified as copies of the original by observers, for they do not have

the authority to certify these records.

c. observers have no choice but to honor subpoenas. They are entitled to the same privileges as

any other private citizens in collecting witness fees, reimbursement for travel, and other

expenses from the Clerk of the Court. In some cases witness fees and travel reimbursement

must be requested in advance.

d. NWS cooperative observers who testify in court should state only the facts as to the weather

elements that were observed and recorded. They should not be expected to give expert

testimony as meteorologists or give opinions.

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e. When a court appearance is contemplated or when a subpoena is received, the observer should

contact the NWSREP and provide the following information:

(1) nature of the suit;

(2) court where the suit is being held;

(3) scheduled date of trial;

(4) names, addresses, and phone numbers of attorney(s) involved in the suit; and

(5) names, addresses, and phone numbers of the presiding judge and Clerk of Court, if

available.

The NWSREP receiving the above information should notify the area manager who, in turn, should

notify the NWS or NOAA staff attorney.