Q: Ways of Objection/Protective order - release of medical records.
Does objection to release of medical records require hearing? (This is NOT motion for protective order by court, requiring hearing)
Objection can be opposed by motion to compel that does require hearing.
A:
Under California law, an objection to the release of medical records does not automatically require a hearing. The process typically works as follows:
1. When a party requests medical records through a subpoena or other discovery request, the other party (or the medical provider) can object to the release of the records.
2. The objection is usually made in writing, stating the reasons for the objection, such as relevance, privacy concerns, or privilege.
3. If the requesting party still wants to obtain the medical records after receiving the objection, they can file a motion to compel the production of the records.
4. Once a motion to compel is filed, a hearing will be scheduled for the court to consider the arguments from both parties and decide whether the records should be released.
So, while the initial objection to the release of medical records does not require a hearing, the matter may eventually lead to a hearing if the requesting party files a motion to compel. The objection itself can be made without a court hearing, but it can be challenged by the other party through a motion to compel, which does require a hearing.
It's important to note that this is a general overview of the process, and specific cases may have unique circumstances that could affect the procedure. It's always best to consult with a licensed attorney for guidance on specific legal matters.
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