Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

This is Family Law Attorney If a doctor has been legally

Customer Question
This is for CA Family...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 31 minutes by:
9/11/2015
Family Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
Experience: Retired
Verified

Hello,

First, the other contributor who answered you is not, to my knowledge, licensed to practice law in California. So, if you are requiring an answer from a California attorney, then you may want to "opt out" the other contributor, and wait for someone else from California to answer.

That said, California has very special requirements concerning the release of records which are inherently confidential, such as medical records. Also, the rules are slightly different where the subpoena requires a nonparty witness (e.g., physician) to produce records at a hearing or trial, as opposed to production prior to trial (i.e., during the discovery phase of the case). In either circumstance, the person sending the subpoena must provide special notice to the party whose records are being subpoenaed, and give that party an opportunity to object to the production. Code Civ. Proc. §§ 2020.510(c), 1985.3(e).

The other party must then file a motion to quash the subpoena, in order to avoid production of the subpoenaed documents.

If this does not occur, then the subpoenaing party has the option of either filing a motion to compel production, a motion for contempt, or a separate civil action to recover $500 plus direct damages for the failure to comply.

So, the basic answer is that the records must be produced -- however, physicians generally are able to assert doctor-patient privilege, and that could permit the physician to avoid sanctions for failure to comply.

Concerning opposing counsel's letter, that could be viewed as an obstruction of a court order -- or it could be an attempt to avoid an unlawful production of the subpoenaed records, on grounds that the subpoena is not in compliance with the special notification rules.

As you can see, the answer is not nearly as simple as it may appear.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Family Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a family law question. Pennsylvania. I'm in the
I have a family law question JA: What state are you in? It matters because laws vary by location. Customer: Pennsylvania JA: Has anything been filed or reported? Customer: I'm in the process of filing… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers
What is evidentiary declarations in a family law ex parte.
What is evidentiary declarations in a family law ex parte … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
My husband filed for divorce in March 2017 and I responded
HI! My husband filed for divorce in March 2017 and I responded within the 20 days required. There has been zero response from him to move forward. What can I do? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I need a good family law lawyer for a divorce/custody case.
I need a good family law lawyer for a divorce/custody case. What is a typical retainer and typical cost overall? Are there any lawyers that will allow payments over time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers
I'm in arizona. My husband is threatening divorce, I'm not
Hi I'm in arizona. My husband is threatening divorce, I'm not sure if he's taking action. I had a trip planned tomorrow and he says if I leave he will say I abandoned my 1.5 yr old daughter and get cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was served with a summons to respond to a divorce
I was served with a summons to respond to a divorce petition. How do I respond in fl. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers
I have a question about family law. I have been divorced for
Hello, I have a question about family law. I have been divorced for 7 yrs and my children are 22 and 18. My ex is threating to take me back to court for child support. He was order to pay me at the ti… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Family law Arizona. Divorce. AZ, sure, Sure. I left the
Sure. I left the country then my wife attorney recused herself then my wife left the country . Now I still want this divorce. How can I get it and of course without comiting to anything.… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I'm a respondent in a California family law case. I'd like
I'm a respondent in a California family law case. I'd like to know if i can call my daughter who is 16 years old and not a child in common with the petitioner to testify 1. as a character witness and … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x