Dear Soc,
A friend of mine told me that when her ex filed for contempt for denial of visitation the letter she had from the doctor was thrown out as hear say because it was not Certified.
Her attorney stated that all medical records/notes need to be certified in order to be admissible.
I have a hearing in Feb. concerning medical issues to which I need my son's medical records. I sent of for them and attached the ones that pertained to my points to my motion, per your advice (If you remember I asked because the motion was turning into a book). I have them ready to offer as complete at the hearing.
The Court kept these medical records and a letter written by the therapist to me and my ex but sent all correspondences back stating I can offer them as an exhibit.
As of right now both sides are pro se, but there is a chance he could have an attorney file appearance the day of court. Thus I want to make sure the records are covered.
If you have time here is the link that was provided to me not for sure if this is a "state" thing.....
http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
1. Do I need to have the records certified?
2. If so, how do I do that?
3. Do you have any idea how to label anything as exhibits?
>Dear Soc,
>
>A friend of mine told me that when her ex filed for contempt
>for denial of visitation the letter she had from the doctor
>was thrown out as hear say because it was not Certified.
>
>Her attorney stated that all medical records/notes need to be
>certified in order to be admissible.
>
>I have a hearing in Feb. concerning medical issues to which I
>need my son's medical records. I sent of for them and attached
>the ones that pertained to my points to my motion, per your
>advice (If you remember I asked because the motion was turning
>into a book). I have them ready to offer as complete at the
>hearing.
>
>The Court kept these medical records and a letter written by
>the therapist to me and my ex but sent all correspondences
>back stating I can offer them as an exhibit.
>
>As of right now both sides are pro se, but there is a chance
>he could have an attorney file appearance the day of court.
>Thus I want to make sure the records are covered.
>
>If you have time here is the link that was provided to me not
>for sure if this is a "state" thing.....
>
>http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
>
>1. Do I need to have the records certified?
yes.
>
>2. If so, how do I do that?
Subpoena the records, and offer the hospital custodian of records the opportunity to send certified records in lieu of appearing. Note that if the records contain details of a substance abuse intervention program, then you will need a separate court order to obtain them, as per 42 U.S.C 290dd.
>
>3. Do you have any idea how to label anything as exhibits?
Should be covered in the court's local rules or the state uniform court rules, if they exist. Generally, the attorneys agree on the numbering system in advance. However, for a trial, the court clerk will be marking the exhibits, so you don't need to number them yourself. You just need to tell the clerk how you want them marked.
>>1. Do I need to have the records certified?
>
>yes.
>
>>
>>2. If so, how do I do that?
>
>Subpoena the records, and offer the hospital custodian of
>records the opportunity to send certified records in lieu of
>appearing. Note that if the records contain details of a
>substance abuse intervention program, then you will need a
>separate court order to obtain them, as per 42 U.S.C 290dd.
1. Do you know how I do that?
IE: Do I file a motion to have them subpoenaed?
Dear Soc,
A friend of mine told me that when her ex filed for contempt for denial of visitation the letter she had from the doctor was thrown out as hear say because it was not Certified.
Her attorney stated that all medical records/notes need to be certified in order to be admissible.
I have a hearing in Feb. concerning medical issues to which I need my son's medical records. I sent of for them and attached the ones that pertained to my points to my motion, per your advice (If you remember I asked because the motion was turning into a book). I have them ready to offer as complete at the hearing.
The Court kept these medical records and a letter written by the therapist to me and my ex but sent all correspondences back stating I can offer them as an exhibit.
As of right now both sides are pro se, but there is a chance he could have an attorney file appearance the day of court. Thus I want to make sure the records are covered.
If you have time here is the link that was provided to me not for sure if this is a "state" thing.....
http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
1. Do I need to have the records certified?
2. If so, how do I do that?
3. Do you have any idea how to label anything as exhibits?
>Dear Soc,
>
>A friend of mine told me that when her ex filed for contempt
>for denial of visitation the letter she had from the doctor
>was thrown out as hear say because it was not Certified.
>
>Her attorney stated that all medical records/notes need to be
>certified in order to be admissible.
>
>I have a hearing in Feb. concerning medical issues to which I
>need my son's medical records. I sent of for them and attached
>the ones that pertained to my points to my motion, per your
>advice (If you remember I asked because the motion was turning
>into a book). I have them ready to offer as complete at the
>hearing.
>
>The Court kept these medical records and a letter written by
>the therapist to me and my ex but sent all correspondences
>back stating I can offer them as an exhibit.
>
>As of right now both sides are pro se, but there is a chance
>he could have an attorney file appearance the day of court.
>Thus I want to make sure the records are covered.
>
>If you have time here is the link that was provided to me not
>for sure if this is a "state" thing.....
>
>http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html
>
>1. Do I need to have the records certified?
yes.
>
>2. If so, how do I do that?
Subpoena the records, and offer the hospital custodian of records the opportunity to send certified records in lieu of appearing. Note that if the records contain details of a substance abuse intervention program, then you will need a separate court order to obtain them, as per 42 U.S.C 290dd.
>
>3. Do you have any idea how to label anything as exhibits?
Should be covered in the court's local rules or the state uniform court rules, if they exist. Generally, the attorneys agree on the numbering system in advance. However, for a trial, the court clerk will be marking the exhibits, so you don't need to number them yourself. You just need to tell the clerk how you want them marked.
>>1. Do I need to have the records certified?
>
>yes.
>
>>
>>2. If so, how do I do that?
>
>Subpoena the records, and offer the hospital custodian of
>records the opportunity to send certified records in lieu of
>appearing. Note that if the records contain details of a
>substance abuse intervention program, then you will need a
>separate court order to obtain them, as per 42 U.S.C 290dd.
1. Do you know how I do that?
IE: Do I file a motion to have them subpoenaed?
>
>>>1. Do I need to have the records certified?
>>
>>yes.
>>
>>>
>>>2. If so, how do I do that?
>>
>>Subpoena the records, and offer the hospital custodian of
>>records the opportunity to send certified records in lieu of
>>appearing. Note that if the records contain details of a
>>substance abuse intervention program, then you will need a
>>separate court order to obtain them, as per 42 U.S.C 290dd.
>
>1. Do you know how I do that?
Usually, a pro se litigant goes to the court and requests a "subpoena duces tecum in blank." The court clerk will give you a form subpoena with the court stamp on it and you can then fill in the witness to be served and the things to be produced.
You can avoid screwing up the form by typing in the witness name, in this case: Custodian of Records, HOSPITALNAME, ADDRESS, CITY, STATE ZIP, and the date, time and location of trial. Then were you would ordinarily put in what to bring, you can state "See attached," and you can direct the witness of what you want and that you will accept the documents in lieu of their appearance if produced to you within 15 days of the date of the subpoena.
As far as the rest of the legal process, you need to look at the IN code of civil procedure. If you screw up service or form, the witness can usually ignore the subpoena, so be certain you're getting it right, or hire an attorney to fill in the docs for you.
> IE: Do I file a motion to have them subpoenaed?
Not unless there is substance abuse info in the file.
This is a somewhat related question.
My stbx wife and I were in joint counseling 5 or 6 years ago. While we were both patients, she was the only one given a diagnosis (a diagnosis was required for insurance billing purposes and they listed her as the one with the disorder and that the family counseling was intended to improve her disorder.
I'm going to need to get access to those files. I found that the counselor is now working in a different group, but still has the files.
How do I get those files? Since the diagnosis is in my wife's name, does that prevent me from getting them - even though I was involved in the counseling?
While I have an attorney who will handle it, can you ellighten me on the general process - does she simply ask for the records or should the custody evaluator ask for the records? Or do we wait until it goes to trial and ask the court to subpoena them?
Thanks.
>>
>>>>1. Do I need to have the records certified?
>>>
>>>yes.
>>>
>>>>
>>>>2. If so, how do I do that?
>>>
>>>Subpoena the records, and offer the hospital custodian of
>>>records the opportunity to send certified records in lieu
>of
>>>appearing. Note that if the records contain details of a
>>>substance abuse intervention program, then you will need a
>>>separate court order to obtain them, as per 42 U.S.C 290dd.
>>
>>1. Do you know how I do that?
>
>Usually, a pro se litigant goes to the court and requests a
>"subpoena duces tecum in blank." The court clerk will give you
>a form subpoena with the court stamp on it and you can then
>fill in the witness to be served and the things to be
>produced.
>
>You can avoid screwing up the form by typing in the witness
>name, in this case: Custodian of Records, HOSPITALNAME,
>ADDRESS, CITY, STATE ZIP, and the date, time and location of
>trial. Then were you would ordinarily put in what to bring,
>you can state "See attached," and you can direct the witness
>of what you want and that you will accept the documents in
>lieu of their appearance if produced to you within 15 days of
>the date of the subpoena.
>
>As far as the rest of the legal process, you need to look at
>the IN code of civil procedure. If you screw up service or
>form, the witness can usually ignore the subpoena, so be
>certain you're getting it right, or hire an attorney to fill
>in the docs for you.
>
1. Do I have them send them to me or the court?
>1. Do I have them send them to me or the court?
To you. However, I'll bet that thete's something in the IN code which will require you to notify the other party that you're trying to obtain medical records. So, make sure you get it right.
Soc, please delete if I overstep here, I am only trying to help out.
We are in IN, and have had our attorney do a subpoena duces tecum to get school records. The last statement of this states that "This Subpoena Ducas Tecum is issued pursuant to the provisions of Indiana Trial Rule 34(C) and 45(B), and at the request of the Plaintiff in the above-entitled cause."
I hope this helps point you in a proper direction.
Soc please delete if I overstepped.
>Soc, please delete if I overstep here, I am only trying to
>help out.
>
>We are in IN, and have had our attorney do a subpoena duces
>tecum to get school records. The last statement of this
>states that "This Subpoena Ducas Tecum is issued pursuant to
>the provisions of Indiana Trial Rule 34(C) and 45(B), and at
>the request of the Plaintiff in the above-entitled cause."
>
>I hope this helps point you in a proper direction.
>
>Soc please delete if I overstepped.
Medical records are almost universally give extra special protection. Which is why I'm warning about subpeoning them.
Here is the court trial procedure that the other poster mentioned and this may be what your getting at regarding notifying the other party.
Rule 34. Production of documents and things and entry upon land for inspection and other purposes
(A) Scope. Any party may serve on any other party a request:
(1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents (including, without limitation, writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which intelligence can be perceived, with or without the use of detection devices) or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(B) and which are in the possession, custody or control of the party upon whom the request is served; or
(2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(B).
(B) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity.
The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. Service is dispensed with if the whereabouts of the parties is unknown. The party upon whom the request is served shall serve a written response within a period designated in the request, not less than thirty [30] days after the service thereof or within such shorter for longer time as the court may allow.
The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless it is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified.
The party submitting the request may move for an order under Rule 37(A) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
(C) Application to Non parties:
(1) A witness or person other than a party may be requested to produce or permit the matters allowed by subsection (A) of this rule. Such request shall be served upon other parties and included in or with a subpoena served upon such witness or person.
(2) Neither a request nor subpoena to produce or permit as permitted by this rule shall be served upon a non-party until at least fifteen (15) days after the date on which the party intending to serve such request or subpoena serves a copy of the proposed request and subpoena on all other parties.
Provided, however, that if such request or subpoena relates to a matter set for hearing within such fifteen (15) day period or arises out of a bona fide emergency, such request or subpoena may be served upon a non-party one (1) day after receipt of the proposed request or subpoena by all other parties.
(3) The request shall contain the matter provided in subsection (B) of this rule. It shall also state that the witness or person to whom it is directed is entitled to security against damages or payment of damages resulting from such request and may respond to such request by submitting to its terms, by proposing different terms, by objecting specifically or generally to the request by serving a written response to the party making the request within thirty (30) days, or by moving to quash as permitted by Rule 45(B). Any party, or any witness or person upon whom the request properly is made may respond to the request as provided in subsection (B) of this rule.
If the response of the witness or person to whom it is directed is unfavorable, if he moves to quash, if he refuses to cooperate after responding or fails to respond, or if he objects, the party making the request may move for an order under Rule 37(A) with respect to any such response or objection.
In granting an order under this subsection and Rule 37(A)(2) the court shall condition relief upon the prepayment of damages to be proximately incurred by the witness or person to whom the request is directed or require an adequate surety bond or other indemnity conditioned against such damages. Such damages shall include reasonable attorneys' fees incurred in reasonable resistance and in establishing such threatened damage or damages.
(4) A party receiving documents from a non-party pursuant to this provision shall serve copies on all other parties within fifteen (15) days of receiving the documents. If the documents are voluminous and service of a complete set of copies is burdensome, the receiving party shall notify all parties within fifteen (15) days of receiving the documents that the documents are available for inspection at the location of their production by the non-party, or at another location agreed to by the parties. The parties shall agree to arrangements for copying, and any party desiring copies shall bear the cost of reproducing them.
(D) Exception to best evidence rule. When a party or witness in control of a writing or document subject to examination under this rule or Rule 9.2(E) refuses or is unable to produce it, evidence thereof shall be allowed by other parties without compliance with the rule of evidence requiring production of the original document or writing as best evidence.
1. Does this mean I must give the ex notice 15 days before I serve the subponeas or within 15 days of receiving them or both?
2. What about mental health records, do I need to do anything different for them.