Q: Motion for Protective Order from Release of medical information in a response to Motion to Compel further discovery.
Is Motion for Protective Order from Release of irrelevant medical information is a valid response to Motion to Compel further discovery?
The situation.
Defendant requested Plaintiff to authorize the release of medical records. Plaintiff is working on Motion for Protective Order.
The question is caused by difficulties that may occur to in Pro Per Plaintiff with filing and serving due dates, since Defendant intends to compel, if due date to respond is not met, even though insists that request was informal.)
A:
Under California law, a Motion for Protective Order is a valid response to a Motion to Compel further discovery, particularly when the discovery request involves the release of medical information that may be deemed irrelevant to the case at hand.
In your situation, if the defendant has requested that you, as the plaintiff, authorize the release of your medical records, you have the right to object to this request if you believe the information sought is not relevant to the case or if the request is overly broad or burdensome.
To proceed with your Motion for Protective Order, you should:
1. Draft the motion, explaining why the requested medical information is irrelevant, overly broad, or burdensome, and how its release would violate your privacy rights.
2. File the motion with the court within the required timeframe. As a pro per plaintiff, you should be mindful of the filing deadlines and ensure that you meet them to avoid the defendant's motion to compel being granted automatically.
3. Serve the motion on the defendant or their attorney, following the proper procedures for service of legal documents in California.
It is important to note that even if the defendant's request for medical records was informal, you should still respond to it within the given timeframe. If you fail to respond or file your Motion for Protective Order on time, the court may grant the defendant's Motion to Compel, requiring you to release the requested medical information.
If you are unsure about the filing and serving deadlines or the proper procedures to follow, consider seeking assistance from legal aid organizations, self-help centers at the courthouse, or consult with an attorney who can provide guidance on how to proceed with your Motion for Protective Order.
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