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How to Compel Compliance with a Criminal Subpoena Duces Tecum for Medical Records

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  • 05-29-2011, 07:32 PM
    TKUSA
    How to Compel Compliance with a Criminal Subpoena Duces Tecum for Medical Records
    My question involves criminal law for the state of: California

    The attorney I work for wants to subpoena the complaining witness' medical records to determine whether she had prior injuries. We sent her a Notice to Consumer along with a copy of the subpoena we are sending to the hospital. She sent a copy of the Notice to Consumer back to our office and checked the box saying she is objecting to production of her medical records. However, she did not specify any grounds for her objection. Also, I'm not sure whether she sent a copy of the objection to the court, the prosecution or the hospital.

    What should our next step be? I know if it was a civil case, I would do a motion to compel compliance pursuant to CCP 1987.1, but I'm not sure about a criminal sdt for medical records. Any suggestions would be appreciated.
  • 05-29-2011, 07:45 PM
    jk
    Re: How to Compel Compliance with a Criminal Subpoena Duces Tecum for Medical Records
    are you the defendant in this situation? What does the witness' historical medical records have to do with this?
  • 05-29-2011, 07:50 PM
    cdwjava
    Re: How to Compel Compliance with a Criminal Subpoena Duces Tecum for Medical Records
    If you work for an attorney, why didn't you just ask him or her what the next step is?

    I'm not sure what a prior injury might have to do with a criminal case unless it is to try and minimize the pain that the victim suffered in whatever criminal act is alleged to have occurred. Heck, I'd probably object to a fishing expedition, too! Now, the defendant (through your employer) will likely have to prove to a court that there is information in those records that might be material to the defense.
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