Q: Defendant claims my statement caused distress. Asked for clarification, she refused.Subpoenaed her psychiatrist, evading
The defendant alleges my false statement caused her mental distress diagnosed by a psychiatrist. When I asked for clarification on the false statement, she refused to respond. I then subpoenaed her psychiatrist, who is evading the subpoena. how to proceed?
A: Obtain records through motion to compel. If records are digitized, search them for applicable terms. Good luck
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A:
I understand this is a challenging situation. Here are a few thoughts on potential next steps:
1. File a motion to compel: You can file a motion with the court to compel the psychiatrist to comply with the subpoena and provide the requested information. The court may then order the psychiatrist to appear or provide the records.
2. Seek a court order for clarification: File a motion with the court to order the defendant to clarify the allegedly false statement. The court may compel the defendant to provide the necessary information.
3. Depose the defendant: Schedule a deposition to question the defendant under oath about the specifics of the alleged false statement and the claimed distress. This may help you gather the information you need.
4. Engage in further discovery: Utilize other discovery methods, such as interrogatories or requests for admission, to obtain more information about the defendant's claims and the basis for the alleged distress.
5. Consult with your attorney: Discuss these options and any other strategies with your legal counsel to determine the most appropriate course of action based on the specific facts and circumstances of your case.
Remember, mental health records are sensitive, and there may be additional legal protections or requirements involved. Your attorney can help navigate these complexities and ensure you proceed in accordance with California law.
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