Q: correct responses for authorization request, or for subpoena
in response to Deposition Subpoena - Motion to Quash.
in response to request to authorization release of medical records - Motion for protective order.
A:
Under California law, the correct responses to a deposition subpoena or a request for authorization to release medical records are as follows:
1. Deposition Subpoena: If you receive a deposition subpoena and wish to object to it, you should file a Motion to Quash. A Motion to Quash is a legal request to the court to void or nullify the subpoena. The motion should be filed with the court and served on the party who issued the subpoena. The grounds for quashing a deposition subpoena may include:
- The subpoena was not properly served
- The subpoena is overly broad or burdensome
- The subpoena seeks privileged or confidential information
- The subpoena is being used for an improper purpose
2. Request for Authorization to Release Medical Records: If you receive a request for authorization to release your medical records and wish to object to it, you should file a Motion for Protective Order. A Motion for Protective Order is a legal request to the court to limit or prevent the disclosure of certain information, such as medical records. The motion should be filed with the court and served on the party who requested the authorization. The grounds for seeking a protective order may include:
- The request is overly broad or burdensome
- The request seeks information that is not relevant to the case
- The request violates the patient's right to privacy
- The request is being made for an improper purpose
It is important to note that the specific requirements and procedures for filing a Motion to Quash or a Motion for Protective Order may vary depending on the court and the specific circumstances of the case. It is advisable to consult with an attorney who is familiar with California law and the specific court's rules to ensure that the motion is properly prepared and filed.
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