I sent out a subpoena for records for my child's medical records when I received the records I sent notice of intent to introduce medical records and copies of the records but I didn't send notice of subpoena to the other party first. I am actually already by court order allowed to receive these records. The clerk set a hearing of Release of Materials. Can I argue the other party wasn't harmed because I am already entitled to those records and that the other party not surprised by records because other party took the child to the doctor where the records were made? I know I messed up and I will apologize but the other parties attorney did the same thing last year (send subpoena for records without notice to me) I was just following his procedure.
Divorce / Separation Lawyer
I agree with attorney Brinkmeier. You should have sent notice of the subpoena to the other side, thus giving them an opportunity to object to the subpoena, but the judge may overlook your oversight..
1 found this helpful
Criminal Defense Attorney
Is there a Supreme Court Rule or provision in the Code of Civil Procedure that requires notice? Sat in court this morning, heard a lawyer chastised by the judge for issuing subpoena without notice to the other parties. The lawyer, who appeared to be an experienced litigator, replied, "there is no such rule." The judge, very experienced herself, responded: Really? And then entered an order that no further subpoenas issue without notice (citing her authority to regulate discovery) but was not able herself, to point to any such rule. Does any lawyer know the Answer? I do not. www.galivanlaw.net