Q: Motion for protective Order - verification?
Should Motion for protective order from authorization of medical information be verified pursuant to California Civil Code Section 56.11(c) ?
A:
Yes, under California Civil Code Section 56.11(c), a motion for a protective order from the authorization of medical information should be verified.
The relevant part of the code states:
"Any motion seeking a protective order to limit the scope of an authorization under subdivision (b) shall be accompanied by a declaration under Section 2015.5 of the Code of Civil Procedure establishing good cause for the protective order, and shall be noticed for hearing in accordance with the notice requirements set forth in Section 1005 of the Code of Civil Procedure."
Section 2015.5 of the Code of Civil Procedure specifies the requirements for a declaration under penalty of perjury, which serves as verification of the motion.
So in summary, when filing a motion for a protective order related to the authorization of medical information in California, the motion must be verified by a declaration under penalty of perjury, establishing good cause for the protective order. Proper notice for the hearing must also be provided as per Section 1005 of the Code of Civil Procedure.
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