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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16367
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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CAN I SUBPOENA MY X WIFE'S MEDICAL RECORDS IN THE STATE OF

Customer Question

CAN I SUBPOENA MY X WIFE'S MEDICAL RECORDS IN THE STATE OF WA. SINCE SHE HAS JUST PROVIDED THE COURT IN CA. A SWORN DECLARATION THAT IS A LIE ABOUT MY BEATING HER SO SHE LOST HER/OUR BABY. THE FACT IS SHE LOST THE BABY DUE TO OTHER MEDICAL REASONS. PLEASE LET ME KNOW BECAUSE SHE IS TRYING TO INFLUENCE THE COURT IN CA. IN A CHILD CUSTODY CASE.
THANK YOU,
***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.

Hello there -

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Such medical records CAN be subpoenaed but due to HIPPA and other medical privacy laws, you will have to ask the judge in the court for permission to have those records subpoenaed and the court may have them delivered directly to the judge for review (so they cannot come to you or your attorney). If you have an attorney on the case in CA then you must convince the attorney to make this argument on your behalf and ask the court to have those records subpoenaed to show that your ex is not telling the truth regarding the cause of the miscarriage in WA. If you have no record of domestic abuse and there is no real substantiation to her claims, then the court may very well ask for these records to be provided by your ex wife (she can get them easily) and have them given over to the court.

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Please let me know if you have any further questions. If not, can you please press a positive rating so I will be paid for my time (the third, fourth or fifth star above) -- I am paid nothing unless you press a positive rating before leaving the website. THANK YOU VERY MUCH

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MARY

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