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Virginia Notice to Individual - Subpoena Duces Tecum for Medical Records

State:
Virginia
Control #:
VA-DC-348
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PDF
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This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.

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FAQ

(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.

To request your medical record for yourself, please complete VA Form 10-5345a Individuals' Request for a Copy of Their Own Health Information. For request for records to be sent to a third party, please complete VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information.

Consider Engaging an Attorney. Businesses: Notify Anyone Else of Importance. Identify all individuals who have responsive documents. Instruct individuals on how to search for and collect documents. Comply with the subpoena and provide the requested documents. Object to the subpoena. Move to quash the subpoena.

The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)

A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

Under HIPAA, any subpoena duces tecum that is not accompanied by a court order must contain a written statement and accompanying documentation demonstrating that the requesting party made reasonable efforts to (1) notify the patient whose records are being requested, or (2) secure a qualified protective order.

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Virginia Notice to Individual - Subpoena Duces Tecum for Medical Records