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how to i get a notice to consumer form as it relates to a supboena

Answered by:LADYLAWYER
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Customer Question

how to i get a notice to consumer form as it relates to a supboena served to get a copy of an IME.

Optional Information:
Country relating to Question: United States
State (if USA): California
What have you tried so far?: served a subpoena to the person who had the IME and to the attorney that has a copy of the IME

Submitted: 233 days and 3 hours ago.

Category: Legal

Value: $28

Status: CLOSED

Accepted Answer

Expert: LADYLAWYER replied 233 days and 3 hours ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today. I need a little clarification, please. Did you serve a Subpoena and the party has not responded to it?

Customer :

The individual has not responded. And the attorney that was involved with the IME says they need proof of service on the individual and a notice to consumer before they will release the records

LADYLAWYER : Did you have the individual served with the subpoena by a process server?

Customer :

yes both were served properly

LADYLAWYER : Did you have this served as well? http://www.courts.ca.gov/documents/subp025.pdf

Customer :

no i did not

LADYLAWYER : Okay. That is what the attorney is looking for and is what is required under CA Civil Procedure law. You need to have it served again with the Notice to Consumer.

LADYLAWYER : If they do not respond after that, or if they refuse to give you a copy of the IME, then you can file a motion to compel and it will go before the judge.

Customer :

so I need to serve the same subpoena and the notice to consume at the same time. Then I will send proof of service and copies to the attorney.

LADYLAWYER : This may help to give you some more direction: http://www.ocsmallclaims.com/Downloads/FactSheets/Subpoena%20a%20Witness%20and%20Documents.doc

LADYLAWYER : Yes, that is correct.

Customer :

Will the attorney have to give me the records even if they refuse?

LADYLAWYER : That depends on what the judge says. Was the IME done on you?

Customer :

no this is a divorce case and my wife had a IME done for an injury case. the results says she has no disabilities. She now claims that she cannot work.

LADYLAWYER : That would be relevant in the event she is claiming she is disabled and asking for support. So yes, you should be able to get it.

Customer :

will the attorney need an answer from her to give the IME or does it need to be approved or denied first.

LADYLAWYER : They will both decide whether to object to the subpoena. If they do, then you will have to file the motion to compel.

LADYLAWYER : They can also file a motion for a protective order as a response.

LADYLAWYER : This would be a request asking the judge to keep them from having to divulge the IME, but again, it is relevant to the case so you should get it.

Customer :

sorry that doesnt make sense. I was asking if they need an answer from her before they respond

LADYLAWYER : Oh, I responded to that. She can decide to object or they can decide to object on her behalf. It is usually a joint decision.

Customer :

Ok so this will take a while to get done. Do I need to serve the notice to consumer to the attorney as well.

LADYLAWYER : They just need a copy, not actual service.

Customer :

Ok Thanks

LADYLAWYER : If you have any further questions about this, I am of course more than happy to keep assisting you! If not, please consider leaving me an excellent service rating as the rating system determines our employ with the site. If you need anything further at all, please reply before you consider a negative rating. Thank you!

Expert Type	Lawyer
Category:	Legal
Pos. Feedback:	98.8 %
Accepts:	3756
Answered:	8/15/2012

Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts

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