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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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What California form do I need to access a persons medical

Customer Question

What California form do I need to access a persons medical record for Court to show another individual was violent to the first one. Once I have the Court order, can I go and obtain that information
Submitted: 9 months ago.
Category: Legal
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

Is there a pending court proceeding?

Customer: replied 9 months ago.
A Temporary Restraining Order trying to destroy and ruin my life and state that I can become violent towards a woman I use to date. I need the medical record showing that I'm not and that her husband is the one who is violent because he put her in the hospital after beating her
Expert:  legalgems replied 9 months ago.

Thank you for your patience;

If there are any criminal matters pending (Domestic violence restraining orders are generally civil in nature) then, pursuant to Mary's law (CC 679 codified here) and case law (Pacers. v Superior Court) the “an objecting party is generally entitled to a stay of discovery in the civil action until disposition of the criminal matter.” This is known as the victims bill of rights- please see here

For civil matters, one can request a third party to provide documents, and if the other party claims a privilege (ie confidientiality) the court may still allow it if it is determined that the privilege is waived by virtue of plaintiff bringing it to issue via legal proceedings.

Information on how to get a supboena Duces Tecum here

While an attorney, as an officer of the court, can sign their own subpoena, a self represented party must make application to the court clerk.

Forms are here

and here is a guide to walk through the process.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 9 months ago.
I just would like an answer to my question please
Expert:  legalgems replied 9 months ago.

I am sorry. I try to provide as much information as possible along with instructions and forms

Yes, one can obtain medical records from a third party by getting a subpoena duces tecum. I hope this helps!

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.