Legal Question in Family Law in Massachusetts

Subpoena of personal information

After plaintiff submits answers to interrogatories, can the defendant's attorney subpoena plaintiff's personal information, such as bank statements, and medical records, and not inform the plaintiff of such maneuver?


Asked on 5/19/05, 8:06 am

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Subpoena of personal information

To a deposition, the answer is No. To get that info, a party must serve a KEEPER OF THE RECORDS Notice of Deposition to the other party. In truth, the lawyers all too often do NOT NOT NOT send notices to the other party, so they end up getting the info secretly. The courts do not care.

So notify your med and bank people that they are to notify you IF IF IF they receive a subpoena for records. Some banks will automatically notify you. Some will not. Drs and hosps are generally more careful. They do not like being sued. Depends on lots of things.

To a trial, the answer is Yes, the other side need not inform you ahead of time whom they subpoena as a trial witness. Most often the KEEPER OF THE RECORDS just delivers CERTIFIED copies of the records to the Clerk's office. AT time of trial, the records find their way to the courtroom of the trial.

There are lots of "tricks" . . . but too many to type here.

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Answered on 5/19/05, 9:43 am


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