Why would a clinic refuse to comply with a subpoena?

Asked 10 months ago - White Hall, IL

I subpoenaed my child's medical records. I provided enough time and the subpoena was issued by the circuit clerk. Clinic manager provided records and signed the certification but is refusing to have the certification notarized and refused to appear at the time requested before the notary I provided. What can I do?

Attorney answers (3)

  1. Thomas O. Moens

    Contributor Level 19

    2

    Lawyers agree

    Answered . Assuming your subpoena was proper, you will need to ask the court to compel the clinic to comply.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  2. Steven J. Greeley Jr.

    Pro

    Contributor Level 3

    Answered . Unfortunately the record statute (735 ilcs 5/8-2001) does not require certification. Check with a lawyer to see if you really need the records certified and to compel it if required.

  3. Judy A. Goldstein

    Contributor Level 20

    Answered . Why is a notary so important to you? You have no right to designate a specific notary or time for the notary. If the paperwork is certified, that should take the place of a notary, pursuant to Section 1-109 of the Code of Civil Procedure. You got the information you asked for.

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