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Annie,Thank you for your follow-up. Now I understand, thank you very much for clarifying--I was not sure at first who was seeking whose records. If you filed a direct suit against this party, during discovery you or your attorney can demand medical records directly as part of your discovery investigation. If the party refuses to provide it, you would need to contact the judge and request a subpoena for that information by claiming that the information is essential to your case, andt hat the information is directly probative (important) to your theory of the case.Good luck.
Thank you for your follow-up, Annie.If the order was stricken without prejudice, you can refile provided you are still within the statutory period during which you allege the injury took place. In Illinois the state of limitations on personal injury is 2 years from the date the injury took place. You can submit a new prayer for relief tomorrow if you wish provided it is within this overarching 2 year statutory period. There is no special form, you refile the whole petition from scratch, 'without prejudice' means that the petition is dismissed but you are free to refile it again as before.Good luck.
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