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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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To Ray Answers, The subpoeona should arrive to me by mail

Customer Question

To Ray Answers, The subpoeona should arrive to me by mail tomorrow on 5-4-2015. From the information you sent me i realized that I forgot to put down that we will have the deposition at the doctors office because the deposition will be served to his attorney
and I put his attorneys address on it. Secondly, I forgot to put on there we need the production of my fathers medical file. When I get this can I call the Judge and ask him If I can add that to the Subpoena that he has already signed or do I have to do another
one. Here is a copy of what I sent. Can I do an attachment showing where the deposition will be held and ask for the production of my fathers medical file and we do not know the time of hearing or date until the agrees on the date or do i just put the date
in it and the doctor has to agree with my date and time? Is my subpoena wrong because i did not put this information in this and I want this to be an oral hearing not a written one.
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
I made a mistake when I said the deposition will be served on the doctors attorney I meant the subpoena will be served on the doctors attorney. We all know that the deposition will be held at the doctors office but we do not have a date or time yet so I did not know what to put down. Can I just add an attachment when I do the proof of service and send a copy out to the Judge and the opposing attorney, or do I have to do the subpoena all over again because the Judge is only giving me until 5-21-15 to get this done myself.
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA, I am Ray and will be the expert helping you today. Here you need a new subpoena duces tecum.you need it to state that he is to bring any and all medical records pertaining to ***** ***** .A new subpoena is the way to correct this.You need a new subpoena you really cannot add to them.They are either right or wrong here.
Expert:  RayAnswers replied 2 years ago.
If there is not time here you may have to reschedule.I do not think the doctor will bring the records otherwise.Also you would fix the location here to reflect where he is to appear.I wish I could tell you otherwise but this is something thats either right or wrong and this needs a new corrected subpoena form. Here is the form you need, you may have to expedite it here. http://courts.mi.gov/Administration/SCAO/Forms/courtforms/general/mc11.pdf I don't think the doctor here wold honor the bad subpoena and would not produce private medical records without a corrected one. It is possible for you to get a corrected one and hand it to him here at time of deposition since he has agreed to appear. I appreciate the chance to help you again.Please let me know if you have more follow up.Thanks again.
Customer: replied 2 years ago.
I do not know the date and time yet, i asked the doctors attorney if it could be between May 11, 2015 and May 15, 2015 and in the evenings so that the opposing atty can see if he can make this date. The date and time have not been told to the doctor because his attorney is waiting for this subpoena. I can't get a date until I get this subpoena done. So what do i put down for the date and time, N/A yet or what? Or do I put a date and time on it, or call the doctor for a date and time.
Customer: replied 2 years ago.
I cannot cancel this court date because the judge said he will make a decision on 5-22-15 no matter what, even the opposing atty did not like this because we all know we don't have time and he wants to favor the opposing side over me and he just won't give me time to do this right because I let go of my attorney, but the attorney was misusing me for time and money and I was becoming ill just dealing with his con games for time and money. I could not take no more. I will correct the subpoena and send a copy to you before I take it to the Judge.
Expert:  RayAnswers replied 2 years ago.
Thats about all you can do here giv en the time constraints.You can also ask for a continuance when you get there.Thanks again and good luck.