Legal Question in Family Law in Florida

Subponena duces tecum

Hello:

My ex is faking his illness and he lives up north and says he does not know the address where he is living.... I want to file a subponena duces tecum to get his supposed medical records and l believe what l just read about HIPPA, l can over come that law. Do l have to first serve him with a motion or notice of intent to serve (to give him a chance to object) 15 days before l serve the subponena???

I want the medical records of this supposed hospital where he stayed for a few nights and the therapy center who comes to his address to which l have no idea when he tells the truth , he lies all the time especailly about his health. This is a delay so l can't get the day in court for contempt of 2 years back in child support and other medical things for my son... What do l do first , file a motion or a intent to serve (does this also go to the court as a motion). Or can l get the court since l do not have an attorney file the subponena and l pay for it. I read somewhere that the clerk of court can also serve the subponena.

Look forward to hearing from you


Asked on 6/28/09, 2:55 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Subponena duces tecum

It sounds like you may have several challenges with regard to obtaining the information. You said he is "up north" if that is a different state you may run into issues with the subpoenaed party refusing to comply because the Florida court has no jurisdiction over them, they may have their attorney fight the subpoena or they may simply ignore it. Not to mention the HIPPA issues. You may find yourself traveling to another state to fight for the records, if they are truly applicable to the proceeding.

Another issue is that you say you don't have his address, how will you serve him notice if you don't know his address?

The information you are seeking requires more than a simple response in a forum. You really should consult an attorney in person. If you had an attorney during the divorce consult with them.

Too many times people feel they can represent themselves in these matters because they think it's too expensive to hire a lawyer. Then they discover they can't handle it, and usually lose their case or at least receive an award less than they may be entitled to.

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Answered on 6/28/09, 6:51 pm


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