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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111480
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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This is Family Law Attorney If a doctor has been legally

Customer Question

This is for CA Family Law Attorney
If a doctor has been legally served with subpoena to provide medical records, can the opposing counsel write a letter to that doctor ordering said doctor not to respond because said case is in pending litigation. This is in a divorce action in which Petitioner believes that respondent is not as sick or has other illness that is not life threatening. Opposing attorney has sent letter, and doctor has not complied with the subpoena
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If a subpoena has been issued and opposing counsel objects to the subpoena and has instructed the doctor to not comply, the next step is for you to file a Motion to Compel Production and you have to serve the doctor as well as the opposing party. Then the court has to set a hearing on the matter where the opposing party can explain why the records should not be turned over and you present your case as to why they are necessary. The court would then issue an order to the doctor to comply if they believe the subpoena is valid and appropriate.

Customer: replied 1 year ago.
Thank you for your response. I had a feeling that this was unusual however you answered the question. The attorney has not suggested to file a motion and the Judge has cut off discovery
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

An attorney does not have the legal power to cancel a legally issued subpoena. They can tell the party to not reply, but then the issuing party has the right to compel through the motion to compel process and get an order for production.

Expert:  Law Educator, Esq. replied 1 year ago.

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