Motions

I need some help/information on how to handle this....



I am a healthcare practitioner with a small one girl office.

On 6/29, I received a "Subpoena Duces Tecum Without Deposition" for records on one of my patients. This individual has been a patient for some 20 years - so the file is rather extensive. It would take several hours for my staff to copy the files. Even though I'd be (minimally) reimbursed for the time - her time is more valuable than the reimbursement. We contacted the attorney and explained this and offered to make the file available for his office to copy the file themselves. Unfortunatley, we did this 9 day later.

Today, I received "Motion for Sanctions and Motion to Compel Production Of Medical Records". The attorney is seeking me to respond to the subpoena and also his attorney fees.

I'm not sure if it means anything...but this was filed in a county different than mine.

My question is......1. how can I move the court to prove they have jurisdiction. 2. that it'd be a hardship for my staff to be distracted for several hours.



I'm really sorry for length of this quesiton......

[redpilltaker]

Hey,



I would recommend a book from NOLO, Represent Yourself in Court: How to Prepare & Try a Winning Case...I bought mine from Barnes and Noble...



Was this subpeona signed by a judge? I would not do anything (unless you want to help your long time patient) with out a court order.



Your offer to give this attorney access to the files should have been enough...I would speak in terms of "overly burdensome..."



Do they have access to the records in the first place since within the limits of medical privacy issues? "My staff and I are too busy to do this for you...here are my office hours, bring your own copying machine..."



Always watch your time limits...but you have very valid questions...



So:



1) what is your burden in this?

2) medical privacy issues?

3) attorney's authority without a judge?

4) Proper service?



MAKE HIM MAKE YOU UNDERSTAND ALL OF THE DEMANDS...WITH LEGAL CITES FOR HIS POSITION!!



If you do not refuse, but just need to understand this...or you feel that the work is too burdensome...there should be no sanctions...Document everything...play along as though you are exerting a good faith effort...



Further reading for you would be the Federal Rules of Civil Procedure...within in the section on Discovery...stuff like that....



Later,



RPT

First and foremost, stop receiving mail or service from the bastard.



Do you know how to avoid service?



Don't give your name unless you know who you are dealing with, and you may want to mail him a Tradename Notice to let him know that you have not contracted with him, and if he wants to use your name, it'll be $500,000 cash on the barrel head.



Shut him down with this. Go on the offensive.



HB

[Ice]

There is no such thing as "slavery" or "indentured servitude" ... right? So, if they want copies tell them they must reimburse the <u>full cost</u>. You cannot be compelled to be a "slave" or "indentured servant". Offer them the use of the file to make copies... with their own machine, ink, paper and electricity. You are not in business to bow and scrape to those in public office whose duty it is to serve you. Send in a Motion to Dismiss the Motion to compel... and state the offer you made and the other facts.