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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.
Subpoena. A subpoena issued by someone other than a judge, such as a court clerk or an attorney in a case, is different from a court order. A HIPAA-covered provider or plan may disclose information to a party issuing a subpoena only if the notification requirements of the Privacy Rule are met.
FILL IN THE CAPTION. Fill in the name of the case as shown on the notice of hearing you received. FILL IN THE NAME AND ADDRESS OF THE PERSON YOU WANT SUBPOENAED. CHOOSE "ATTEND" OR "PRODUCE" HAVE THE SUBPOENA SIGNED. MAKE PAYMENT OF $12.OOIDAY AND .2O/MILE TRANSPORTATION TO THE PERSON.
(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.
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.
General. A subpoena is a court order to compel a person to appear at a deposition or court proceeding to testify as a witness. A subpoena duces tecum is a court order normally used to compel a person to produce all documents or records named in the subpoena.