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How do you make a subpoenaed production of records confidential?
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army judge
Super Moderator
You need to consult an attorney.
It takes a talented, experienced attorney to navigate the waters ahead.
It isn't a process for amateur Perry Mason's!
adjusterjack
Super Moderator
Unlocked for further discussion at the request of a member.
zddoodah
Well-Known Member
Please provide more details:
- Were your medical records subpoenaed? If so, was it just one subpoena served on one medical provider?
- Who served the subpoena?
- When was the subpoena served? What is the return date on the subpoena (i.e., what is the date stated in the subpoena by which the responding party is supposed to produce the records)?
- Are you a party to the litigation? If so, what is your role in the case? Please provide a brief description of the case. For example, it could be as simple as, e.g., "I am the plaintiff in a personal injury case arising out of an automobile accident."
- If you're a party to the case, are you represented by an attorney?
- Is the party who served the subpoena represented by an attorney?
- Is the case pending in state or federal court?
- Why do you want to "make [the] production . . . confidential," and what exactly do you mean by that?
Please answer each of these question directly and concisely.
I requested my medical records to be subpeonaed. For proof of abuse injurying me for years DV. Health declining now have terminal neurological conditions
My friend
Yes on 9/19 due by Oct 9
Yes plaintiff petitioner
Nope my last lawyer breached our contract and colluded with opposing. Filed complaint against his misconduct and ineffective assistant throughout retainment.
California
HIPPA & Medical records with personal sensitive information
As concise as you lawyers and judges requested
zddoodah
Well-Known Member
OK...so...you're an unrepresented plaintiff in...I guess...a personal injury case. Correct?
You didn't answer my question about state or federal court (there are both state and federal courts in California), but that was probably the least important question.
Here's what's not clear to me: Why did you subpoena your own medical records? There is no need for a person to subpoena his/her own medical records. Just request them from your medical providers.
HIPPA =/= HIPAA.
You offered this in response to my question about why you want to "make [the] production . . . confidential" and what exactly do you mean by that. Unfortunately, that doesn't answer my question.
HIPAA is a body of federal law that, generally, prevents medical providers from disclosing medical records except at the direction of or with the consent of the patient. That doesn't have anything to do with your situation.
You also didn't explain what you meant by "make a subpoenaed production confidential."
If the defendant(s) are agreeable, you can stipulate to a protective order (which the court will generally grant) that provides that the parties may only use the documents for purposes of the litigation.
If you're in state court, there is also a provision for having certain documents (or the entire case file) sealed. Cal. Rules of Court, Rules 2.550 and 2.551. However, the burden of a party seeking to seal case records is very steep, and it's not going to happen just by saying, "they're my medical records."
Also, if you're not intimately familiar with section 1985.3 of the Code of Civil Procedure, you should be. While it doesn't strictly apply to a person see
You didn't answer my question about state or federal court (there are both state and federal courts in California), but that was probably the least important question.
Here's what's not clear to me: Why did you subpoena your own medical records? There is no need for a person to subpoena his/her own medical records. Just request them from your medical providers.
HIPPA =/= HIPAA.
You offered this in response to my question about why you want to "make [the] production . . . confidential" and what exactly do you mean by that. Unfortunately, that doesn't answer my question.
HIPAA is a body of federal law that, generally, prevents medical providers from disclosing medical records except at the direction of or with the consent of the patient. That doesn't have anything to do with your situation.
You also didn't explain what you meant by "make a subpoenaed production confidential."
If the defendant(s) are agreeable, you can stipulate to a protective order (which the court will generally grant) that provides that the parties may only use the documents for purposes of the litigation.
If you're in state court, there is also a provision for having certain documents (or the entire case file) sealed. Cal. Rules of Court, Rules 2.550 and 2.551. However, the burden of a party seeking to seal case records is very steep, and it's not going to happen just by saying, "they're my medical records."
Also, if you're not intimately familiar with section 1985.3 of the Code of Civil Procedure, you should be. While it doesn't strictly apply to a person see
OK...so...you're an unrepresented plaintiff in...I guess...a personal injury case. Correct?
>>>DVRO, Divorce, y personal injury
You didn't answer my question about state or federal court (there are both state and federal courts in California), but that was probably the least important question.
>>>state Superior
Here's what's not clear to me: Why did you subpoena your own medical records? There is no need for a person to subpoena his/her own medical records. Just request them from your medical providers.
Why did you subpoena your own medical records?
>>> Because throughout my UnFair DVRO Trial ,
COURT AND OPPOSING prevented me from admitting medical records as evidence to abuse
SAYING HEARSAY AND NOT ALLOWING ME TO give exception rule
THEY SAID THEY HAVE TO BE SUBPOENAED
That's why
Zigner
Well-Known Member
Is your trial over?
army judge
Super Moderator
Really?
Read this:
Hearsay Rule & Exceptions in California – A Legal Guide
California Evidence Code § 1200 defines hearsay as any statement (a) made by someone other than the witness who is testifying and (b) offered to prove the truth of the matter asserted. In simpler terms, hearsay evidence is when a person shares something he or she heard from someone else, rather than from firsthand knowledge.But the hearsay rule is not absolute. California, like other states, recognizes a long list of exceptions to the hearsay rule, including excited utterances, dying declarations, prior inconsistent statements and prior recollection recorded.
The language of the code section reads:
The reason why we have this California rule of evidence in criminal cases is that hearsay statements are simply not reliable enough to be accepted as evidence—because they are not made under oath, and the speaker cannot be cross-examined in court. 1 2 3
Examples
Here are some examples of evidence that would be considered hearsay evidence in California:
- A witness testifies that his sister told him that the defendant in a criminal case confessed to her—but the sister herself does not testify;
- In a California domestic violence case, a former girlfriend of the defendant says in a newspaper interview that she was scared of the defendant when she was dating him—but the former girlfriend does not testify at his trial; and
- In a Penal Code 503 PC – embezzlement case, the prosecution presents a letter from the defendant's accountant (who does not testify) stating that the defendant is bankrupt, in order to prove that the defendant was bankrupt.
The California Evidence Code sets forth a long list of exceptions to the hearsay rule. In other words, some kinds of hearsay are admissible if they fall into certain defined categories.
Some of the most important exceptions that California criminal defendants should know about are:
- Admissions by parties to the case that are used against the speaker—for example, a confession to a crime;4
- Statements, by a speaker who is unavailable as a witness, that are against his/her self-interest in an important way;5
- Prior statements by a witness at the trial that are inconsistent with his/her current testimony;6
- Prior statements by a witness at the trial that are consistent with his/her testimony—if these are used to rebut evidence that his/her testimony is unreliable;7
- Written statements by a witness regarding events that were fresh in his/her mind at the time the statement was made but that s/he has forgotten by the time of the trial;8
- Previous eyewitness identifications by a witness that were made when the crime or other event was fresh in his/her memory;9
- Spontaneous statements made in the excitement of the moment;10
- Statements made to explain the speaker's actions, while s/he was performing those actions;11
- Statements made by a dying person about the causes or circumstances of his/her death;12
- Certain statements about the speaker's mental or physical state that are offered to prove that s/he experienced that mental or physical state;13
- Certain statements made by children under the age of 12 in Penal Code 273d PC – child abuse cases or cases involving sex crimes against children;14
- Certain business or public records;15
- Former testimony that was given in an earlier court or official proceeding, when the witness is now unavailable to testify;16
- Certain statements about family history, community history, or a person's reputation in the community;17
- In cases involving serious felonies, statements by witnesses who may have been murdered or kidnapped by the defendant;18
- Certain statements in which the speaker describes or explains a physical injury (or the threat of a physical injury) that was inflicted on him/her;19 and
- Certain videotaped statements by an elderly or dependent adult in Penal Code 368 PC – elder abuse cases.20.
Hearsay Rule & Exceptions in California - A Legal Guide
California Evidence Code § 1200 defines hearsay as any statement (a) made by someone other than the witness who is testifying and (b) offered to prove the truth of the matter asserted. In simpler terms, hearsay evidence is when a person shares something he or she heard from someone else, rather...
www.shouselaw.com
Finally, why subpoena your medical records, when you could request the attending/treating physicians be summoned as witnesses?
Furthermore, when I try cases, I investigate the various trial techniques I can employ. There's generally many ways to achieve the desired result!!!
No I filed a motion to reconsider DVRO will be held on Oct 9.
Using Fed CCP 59 & 60 and CA CCP 1008 & 657. For many of those reasons
adjusterjack
Super Moderator
If your records are inadmissible, you will have to get the doctors into court to testify as to your medical condition at the time you were examine.
zddoodah
Well-Known Member
OK...sounds like the issue was authentication. You probably didn't have a witness from the medical provider(s). Correct?
The Federal Rules of Civil Procedure have zero application in state court.
CCP 1008 allows a party to seek reconsideration of a previous order upon a showing of "new or different facts, circumstances, or law." The party seeking reconsideration must also demonstrate why the facts, circumstances or law could not, with reasonable diligence, have been presented prior to the entry of the order. In your case, the medical records existed and could have been presented had you followed proper procedure, so I see virtually no chance of succeeding on a 1008 motion.
Section 657 is a completely different thing. It allows a party to move for a new trial based on several reasons, none of which appear to be applicable to your situation.
I'd be beyond shocked if a judge sanctioned an unrepresented party for filing the wrong type of procedural motion (it would be rare for a lawyer to be sanctioned for something like that). The OP's terminology is imprecise, so I'm not sure what the appropriate procedure is. If the OP based his/her motion on both CCP 657 and 1008, then the correct procedural vehicle has probably been covered. However, as noted above, it appears that the OP has no chance of succeeding under either statute.
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Yes I have new & different circumstances that were intentionally withheld from me by my ineffective counsel breach of contract violating BPC 6068 (d)(m)(n) & ABA Rules of Professional Conduct 1.7, 1.2, 1.4, etc and colluding withOUT my knowledge/ informed consent with ALL of opposing parties requests in their motion in limine that he jointly agreed to exclude All my 67 exhibits especially prepared and exchanged with opposing. This cause of action precluded my trial as to only admit "My Narrative" as evidence. I have proof of this in his email sent to me 8 days after denial where he explains and attaches his jointly agreed Motion in limine.
He never provided me copies or informed me of this misconduct violating his contracted duty of representing me and all my objectives
Now you Tell me if I have reason and my pleadings are not Frivolous
I did comment on this and would like responses please
Zigner
Well-Known Member
You haven't changed my mind.
I have follow up question
I, no perry mason (In Pro Per) - subpoenaed my own med rec's
Now I need help
Keeping them Confidential and Sealed from Public and Opposing parties.
So…
I just now have to immediately file a Motion for keeping subpoenaed records Confidential and Sealed right?
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