Legal Question in Family Law in Massachusetts

Re: Trial Subpoena for Medical Records

Not at all. If the opposing party's medical condition is in issue, and the proper pre-trial memoranda have been filed, a Subpoena is the ONLY way to get the documents absent a release from the party whose medical records are to be introduced.

Subpoenas are, BY THEIR NATURE, used to get witnesses to appear (and produce documents) when the introducing party needs information that cannot be obtained by those aligned with the opposing side.

The Court has the option of refusing introduction of the evidence if the pre-trial memoranda or other trial witness lists make no mention of the medical documents and issues.

Re: Trial Subpoena for Medical Records

A Keeper of the Records for a medical office or hospital should be listed on a witness list to opposing counsel prior to trial or evidentiary hearing. Therefore, notice to opposing counsel is not necessary. According to privacy laws, the patient may be notified by the medical office or hospital and opposing counsel would have an opportunity to quash the subpoena in that case.