Q: objection to request to authorize release of irrelevant medical records, entirely.
A party files objection to request to authorize release of medical records, any items and types, entirely.
Should objection to release of medical records be verified? Objection is accompanied with facts, why request for medical records is irrelevant.
A:
Under California law, an objection to a request for authorization to release medical records does not need to be verified. However, the objection should be accompanied by a clear explanation of why the requested medical records are irrelevant to the case at hand.
According to California Code of Civil Procedure Section 2031.240, a party may object to a request for production of documents, including medical records, on the grounds that the request is irrelevant to the subject matter of the action or proceeding. The objection must be in writing and must state the specific reason for the objection.
When objecting to the release of medical records on the grounds of irrelevance, the objecting party should provide a detailed explanation of why the requested records are not relevant to the issues in the case. This explanation should be based on the facts and circumstances of the specific case.
It is important to note that while the objection does not need to be verified, it must be made in good faith and with a reasonable basis. If the court finds that the objection was made in bad faith or without substantial justification, it may impose monetary sanctions against the objecting party.
In summary, an objection to a request for authorization to release medical records in California should be made in writing, state the specific reason for the objection (i.e., irrelevance), and be accompanied by a factual explanation of why the requested records are not relevant to the case. The objection does not need to be verified, but it must be made in good faith and with a reasonable basis.
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