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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi. During the fall of 2011 an attorney subpoenaed my psychotherapy

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Hi. During the fall of 2011 an attorney subpoenaed my psychotherapy records; the provider provided the records. I have continued psychotherapy and the same attorney is now requesting updated records covering my most recent sessions (winter of 2011 -- present), he is citing the original subpoena as justification for requesting the additional records ...Can an attorney use the the same subpoena to request an update of my records.

In case it helps...this is all in reference to a single case in Massachusettsl

Thank you for your question. If there is a lawsuit wherein your mental health is at issue, and the lawsuit is on going, then the attorney who originally issued the subpoena may rely on the original subpoena to re-request the records for a later period of time which is relevant. You may object to the subpoena, or the mental health provider may object to the subpoena. However, if the court has already decided that the records which were first requested are releasable, then the objection will not likely be sustained.

Please let me know if you have further questions on this issue.

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