Objecting to an Arizona Medical Records Subpoena
Over the years, the fee for the issuance of each subpoena has been $30. It does not take much money for a court or an attorney to issue this vital request. In Arizona, statistics show that hundreds of subpoenas are requested yearly, indicating a huge appetite for individuals seeking to access private information to support their cases.
However, the main questions have not been revolving around the number of medical subpoenas issued around the country. There have been some fundamental questions that have been revolving around the aspect of objecting to such medical records. Let’s dive deep into this topic and get some details that can shape your decision around this important area.
How to Object to an Arizona Medical Records Subpoena
As highlighted above, there’s an expectation that most medical practitioners will answer the critical questions concerning medical record subpoenas. The current details already indicate that such individuals must ensure that they respond to the requests made by the court or an attorney. Most such individuals have already ensured they respond to medical subpoenas.
However, it’s essential to communicate that you don’t have to adhere to the medical subpoenas made by an attorney or a court order. It’s common for medical practitioners to avoid responding to such requests. Over the years, most medical experts have objected to such requests based on confidentiality. This is a justifiable ground for objecting to medical subpoenas.
What are the Reasons You Can Object to an Arizona Medical Records Subpoena?
As highlighted above, there’s a tendency for medical professionals to adhere to medical subpoenas without objection. As information highlights, such professionals don’t know that they can easily object to such requests. However, for medical professionals to object to such requests, it’s essential to communicate that they must have justifiable reasons. Here are some of the main reasons you can use to object to the Arizona medical records subpoena.
1. Insufficient Conduct of Money
When a medical professional is requested to appear before the court, they must be given ‘conduct money’ to cover any reasonable cost of complying with the subpoena. The ‘conduct money’ generally covers common aspects such as photocopying, incidental expenses, and reasonable travel expenses. It can also be used to cover transportation costs.
As a medical practitioner, you deserve reasonable money to cover the abovementioned expenses. If you’ve not received any or sufficient ‘conduct money,’ you have all the reasons to object to the subpoena. It’s your right to get facilitated, and you’ve justifiable reasons to object to such requests if you’re not facilitated as needed.
2. Time for Service
Besides accessing the necessary financial resources to process your subpoena, you need reasonable time to appear before the court. Therefore, you must be given sufficient time to comply with the subpoena. The court rules require you to have at least twenty-one days to adhere to subpoenas served through mail or five days for subpoenas served in person. If the subpoena is inconsistent with court rules, you’ve justifiable reasons to object.
3. Subpoena Served Out of Time
As highlighted above, you must have sufficient time to prepare to submit a subpoena before the court. Remember, you must present certified and well-prepared medical records because they’ll play a critical role in determining the judge’s decision.
You must also get sufficient time to notify your clients about the subpoenas. However, sometimes, you may receive subpoenas out of the time limit. You must inform the person who sent the subpoena that it has been served out of time. There’s a probability that the court will allow you more time.
How are Subpoenas Served in Arizona?
In Arizona, a subpoena is served by any person who has attained the majority age. Therefore, any individual who is not a party or at least eighteen can serve as a subpoena. Usually, a subpoena requires that the person delivering the copy be in-person and attend the submission process in a court of law.
As highlighted above, the person serving the subpoena must ensure they have paid the necessary legal fees to the court. They must also provide conduct money to the medical physician who is supposed to prepare and present the medical records before the court.
Can You Serve a Subpoena by Mail in Arizona?
Traditionally, people have been serving subpoenas in person. This tradition has been maintained for multiple years and has consistently been highly advocated by the courts. That’s why very few individuals have been serving subpoenas by mail.
However, this does not mean you cannot serve subpoenas by mail. You have the option to make your work easier by sending the request through mail. However, you must send a certified mail to the addressee only. You must also ensure that all the necessary postage and fees have been paid.
What is a Subpoena Duces Tecum in Arizona?
Under the legal doctrine of Duces Tecum, an order is granted by the court where a witness is required to submit documents for legal scrutiny and determination. These documents can either be books, files, or even records under their control. These are the documents that are supposed to be presented before a judge as legal evidence.
In Arizona, subpoena Duces Tecum requires medical practitioners to produce the necessary medical documents and records in the hospital as evidence. In such a case, a medical practitioner has no option other than to adhere to the court’s demands and service the court with the necessary medical documents.
What is the Role of an Attorney in Objecting to a Medical Subpoena?
As a medical practitioner, there are many details you don’t know when it comes to subpoenas. Therefore, there’s a higher probability that you will make some huge mistakes that can lead to some legal challenges. That’s why you need an experienced attorney who can guide you through the entire process.
At Chelle Law, we have experienced lawyers assisting medical practitioners in responding to medical subpoenas. We know what it takes to object to such requests and are ready to guide you through the process.
Call us today for medical records subpoena assistance.
