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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.33 Subpoena requiring production of medical records

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.33

Subpoena requiring production of medical records

31.33 Subpoena requiring production of medical records

(cf SCR Part 36, rule 13BC)

(1) A subpoena for production may require a medical expert to produce medical records or copies of them.
(2) A person is not required to comply with a subpoena for production referred to in subrule (1) unless the amount specified in item 3 of Schedule 3 is paid or tendered to the person at the time of service of the subpoena or a reasonable time before the date on which production is required.
(3) Rule 33.6 (Compliance with subpoena) does not apply to a subpoena to which subrule (1) applies.
(4) Rule 33.7 (Production otherwise than on attendance) applies to the photocopies in the same way as it applies to the records.
(5) If, after service of a subpoena for production referred to in subrule (1), the party who requested the issue of the subpoena requires production of the original medical records without the option of producing copies of them, the party must request the issue of, and serve, another subpoena requiring production of the original medical records.