NSW How do Subpoenas work?

[boboza]

Hi, my ex partner has subpoenaed all of my medical records, I’m just wanting to know how it works, she knows that I suffered from severe depression in 2014-2015 but from roughly 2017 to now my doctor has written in the reports how well I have been going, so just wanting to know does the ex partner take the bits she wants like my depression or does the judge get a copy of the whole lot? I really don’t understand how it works, I know we all get to go and view them but then what happens after that? Thanks

 

[Atticus]

Hi, my ex partner has subpoenaed all of my medical records..........wanting to know does the ex partner take the bits she wants like my depression or does the judge get a copy of the whole lot? I really don’t understand how it works.......

This link is for a person SEEKING a subpoena but may still help answer your questions..

Inspection of medical records
If you have subpoenaed a person’s medical records, the person whose records have been produced may give notice to the Court that they want to inspect those medical records in order to decide if they wish to object to their inspection. If they object to their records being inspected, they are allowed to file their notice of objection within 7 days after the date for production in the subpoena. In this case, you, or any other party or interested person, will not be permitted to inspect the medical records until the later of 7 days after the date for production, or the hearing and determination of any objection...

SOURCE >>>> Subpoena: Information for a person requesting the issue of a subpoena - Federal Circuit Court of Australia

 

[Jake Matherson]

Barring you objecting to the inspection of the medical records. Not a lawyer can't give advice if this is a good idea or not but I would think hiding things is bad especially given that the most recent dates you state your doctor is giving you a good review.

Process:

1. Print 1 copy of the subpoena for you, 1 copy of the subpoena for the Ex, 1 copy of the subpoena for the court, 1 copy of the subpoena for the person being subpoenaed(The doctor in this instance) and 1 copy for any other party in your matter such as an ICL. Print too many copies so you don't get to court and realise you have forgot one and have to come back another day as they wont photocopy anything for you.
   
   
2. File all of the above material with court including one copy of a one page letter detailing why you think the subpoena is necessary and pay $55 dollar filing fee.(eftpos)
   
   
3. Wait for your phone to ring on a private number 1-2 days if you're lucky. They will hopefully tell you that you have been granted leave(permission) to serve the subpoena.
   
   
4. Go back to court and pick up the stamped copies of the Subpoena then next day they should be available.
   
   
5. Scan one of the stamped copies and email it to all parties in your case. (The Ex, the ICL etc.)
   
   
6. You need to pay the subpoenaed person conduct money. An amount of money that reasonably compensates them for doing what you have asked. In this case provide documents.
   For example QLD police require a payment of $80.40 per this link payment made by eftpos however some organisations might require a cheque or money order so it might be best to call the organisation ask them how much and by what method first. Or just write them a cheque for $100 and hope that covers it.
   
   
7. Serve the Subpoena by hand and pay conduct money.
   
   
8. Wait for the return date on the Subpoena. Will be a minimum of 10 days and a maximum of whatever you set.
   
   
9. Now the Subpoenaed files have been returned to the court the court portal will say that they are "stored with the court"
   
   
10. Online file a "Notice of request to inspect" send to all parties
    
    
11. Wait for the court portal to show that each party has been granted leave(permission) to inspect subpoena. If this wasn't medical records or police records in your one page letter you filed you might have sought leave to copy the subpoena also.
    
    
12. Once leave has been granted email the registry requesting an appointment to inspect. To speed things up offer them any days or times that would suit you. "Anytime Monday or Tuesday would be fine"
    
    
13. Wait for email response from registry with a confirmed appointment.
    
    
14. Now assuming you DO NOT have leave to copy you will arrive at the court with a laptop(with a working battery assume no power socket provided), photo ID and some lawyers bring a voice recorder that transfers there speech to text.
    Mobile phones are not allowed.
    
15. You will be given a CD and a computer to sit at. You sit there typing everything into a word document word for word. Or voice recording yourself reading it and type it up later. Recording EVERYTHING. Page numbers, dates, times, anything you need to be able to refer to the important information without seeing the document again by making an appointment to view it.
    
    For example you want to be able to look at your notes and stand in court and say "Referring to subpoena filed on 01/07/2019 and On page 4 of the returned material I can quote Dr Bob saying in his appointment notes for my appointment on 01/02/19 that I have turned my life around and present no risk to the child. You wont have a copy of the subpoena material in front of you to read from only your notes.
    
    You could also include this information in an affidavit.
    
    
16. Once you're finished hand the CD back and you're off on your way.
    
    
17. Go to next court hearing armed with knowledge and good notes.

BIG DISCLAIMER

I am not a lawyer. Just a bloke that is going through his own mess in QLD.
This is a write up about my experience with the subpoena process that I have taken the time to write up as I had no clue what was about to happen until I got there myself.
I hope people that need this find it.

If anything is unclear let me know and I will assist where possible.

 

[boboza]

Thanks that’s great! Helps a lot