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Why would a clinic refuse to comply with a subpoena?

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

Posted

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

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2 lawyers agree

Posted

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.

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2 comments

Asker

Posted

But my subpoena required that if they were to comply by mail certificate was to be completed. Does that make a difference?

Asker

Posted

Does il supreme court rule 214 not apply to medical records?

Posted

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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