Draft a checklist on preparing and serving subpoenas and place it and references to the pertinent documents in your systems folder. Include citations to both state and federal rules. Note the time limits for objection to a subpoena in this section of your systems folder. Add a section to the checklist on the relationship between a subpoena duces tecum and HIPAA procedural requirements. Place a copy of or the page reference to the HIPAA-compliant Sample Cover Letter to Records Custodian in your systems folder.

Question

Quizplus · Accepted Answer

The Answer is Subpoena Checklist
I. Provide appropriate clerk of court with copy of notice to take deposition and proof of service on parties.
A. Federal: issued by clerk in district where deposition is taken or by the attorney
B. State: sometimes where action is pending
II. Usually clerk will sign in blank, leaving paralegal to fill in information (Rule 45).
A. Name of issuing court and court where action is pending
B. Title and docket number of action
C. Name of attorney
D. Witness's name and address with directions for witness to attend and give testimony
E. Date, time, place for deposition
F. Designation of documents needed, if pertinent, including attorney's declaration that they are necessary.
G. Text of Rule 45 (c) and (d)
H. Method for recording deposition [Rule 45(a)(2)(B)]
I. If subpoena duces tecum, form in which any e-stored information should be produced; note other provisions of Rule 45(c) and (d) on dealing with privileged information and rights to refuse, object to, or compel production.
III. For medical records, follow HIPAA- and state-required procedures [45 C.F.R. § 164.512(e)].
Send HIPAA-compliant Cover Letter to Records Custodian, if needed.
IV. Attach witness and mileage fees, if necessary (28 U.S.C. § 1821) [Rule 45(a)(2)]. V. Serve subpoena personally.
A. Warn witness, with your attorney's approval
B. Federal: person 18 years old who is not a party
C. States: sheriff, special bailiff, person of legal age (check local rules) D. Paralegals, professional servers
E. Personally hand subpoena to deponent F. Explain subpoena and what is expected G. Acknowledge service
VI. Objections served on deposing attorney within fourteen days of service of subpoena or on or before deposition if scheduled less than fourteen days from service. That attorney must
seek court order to have subpoena complied with [Rule 45(c)(3)(A)].

Draft a Checklist on Preparing and Serving Subpoenas and Place