Subpoenas for Medical Records in Foreign or Out-of-State Cases
Subpoenas for Medical Records, in foreign or out-of-state cases, are handled in JIC. District of Columbia law prohibits judges from issuing a subpoena for medical records without a finding that the subject of the medical records has consented or waived consent to its release. Consent or waiver cannot be assumed from the nature of the suit. Subpoenas for Medical Records will be held for approximately ten (10) days to allow the other party to indicate consent or file opposition. After that time, the JIC judge will review all submitted documentation and make a determination regarding the issuance of the subpoena.