How I would go about issuing a subpoena for a deceased family member’smedical records?

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How I would go about issuing a subpoena for a deceased family member’smedical records?

Small claimes matter; no attorney.

Asked on July 25, 2011 Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A judge would need to issue the subpoena.  You would have to present legal arguments to the judge showing the reason(s) why you need the subpoena.  The Small Claims Court advisor might be able to help you with this.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most States when you have a small claims action you go to the court clerk with a form for the issuance of a subpoena duces tecum and or a subpoena to the third party to attend trial with requested documents. The documents sought need to be specific.

The court clerk issues the subpoena to you by sealing it. He or she then gives you a form for service of the subpoena where you typically pay a sheriff deputy in the civil divicion of the sheriff's office of your county to serve the subpoena for trial on the third person issued by the court clerk.

The sheriff 's office then serves the subpoena hopefully in a timely manner and provides you with a proof of service for trial. If you have the proof of service in hand for trial and the subpoenaed party fails to attend, then the court can issue a bench warrant as to that party and continue the trial.


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