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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I was served with 2 subpoenas for deposition in a case that

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I was served with 2 subpoenas for deposition in a case that I am a therapist in. One was for records of all parties involved in the case (custody) however, there are no releases attached to the subpoena. The second subpoena was issued to date my deposition, however, I believe it is for credential review as the records subpoena requests my credentials. I am having surgery 3 days before the deposition date. I informed the attorney of the medical conflict, however, I was served 4 hours after informing her office. I will not be able to be there....what should I do?


My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

I suggest only the attorney who signed the Subpoena can release you and assign another date.

I suggest you have to call her and tell her that you are having a pre planned surgery and that you can provide a Doctors letter attesting that you are having surgery. You will need to request that she release you from this date and reschedule.

Or perhaps ask her if the deposition can be done at your home or in your hospital room if you are still going to be hospitalized at that time.

I suggest you also tell her that you need to have release forms in order to provide patient confidential records. And that you will be contacting your patient in that regard. It is up to you to get the written release form.

If you do not get released from the Subponea and reschedule the date then she can have you arrested and you don't want that.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Sam and 7 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

I doubt that the attorney will release me from the subpoena. And the surgery is removing a tumor from my neck and jaw.....may not even be able to talk without difficulty....won't know until surgery is completed. That will leave one day to address this if I am unable to attend. I know about confidentiality have never gotten a records subpoena with out attached releases. Will send her a letter requesting releases.


Good luck with your surgery And write her and supply medical documentation as to why you cannot appear.