does a judge have to sign a subpoena?

Question

can just the circuit clerk sign the subpoena for the opposing lawyer for release of medical records, does it have to be signed by a judge?

Answer 1

So far all of the answers that have been submitted are a little bit right and a little bit wrong!

First you must understand what a subpoena is. It is a Court Order directing someone to appear in court, usually to testify, There is also something called a subpoena deuces tecum (that's latin) which requires someone to submit items, such as records, to the Court.

Recently the federal government passed a health privacy law (referred to as "HIPAA") This effects many local court rules regarding who can sign a subpoena. (You should be aware that this law has created a difference of opinion as to it's effect on subpoenas for medical records.)

The bottom line is that all courts have their own rules and regulations concerning who can issue/sign a subpoena. many times is based upon what is being subpoenaed. In general any attorney for one of the litigants (or the litigant if they are preceeding "pro se" - representing themselves) or any judge of the Court where the case is pending. However, many courts require that a subpoena for certain documents be "so Ordered" by a judge. This includes records from any municipal entity, such as a City, public hospital, fire department, buildings department, etc. In addition, there are some that follow the rule that medical records, as they are now protected by HIPAA can only be subpoenaed by a "so Ordered" subpoena.

Please note that a subpoena is generally signed by an attorney and then may be "So Ordered" and signed by a judge. Also, some court rules folow a practice that the attorney submits the subpoena to the court clerks office and then they sign it, but that is generally a ministerial chore, as opposed to when a judge considers the subpoena and "so orders" it.

The bottom line is local court rules will dictate who must sign a subpoena, but that generally there are only a few occassions when a judge must sign it, also.

Answer 2

The answer to your question will depend on the rules of the Court where the case is pending. In many jurisdictions, the clerk of the court can issue subpoenas. Most of the time subpoenas are issued blank and the attorney fills in the information that they want. In many jurisdictions, attorneys, as officers of the court, can sign subpoenas on behalf of the clerk of the court. Subpoenas are Court Orders, so they are effective just as if a judge signs them, as long as they are signed in accordance with the rules.

Answer 3

Several people have subpoena authority, depending on the type of the subpoena. District attorneys, court clerks, and of course judges.

As far as release of medical records, those are usually confidential, and there would likely need to be an evidentiary hearing to get them released unless the patient consents.

Answer 4

Actually no. For example, if you go online to the California Judicial forms website you can download a subpoena with the signature of the clerk of the court. However, you have to have the authority to issue one--such as an attorney involved in litigation.

Answer 5

judges do all the want to do andthenthe cases goes onappel and they get reversed all the time , they know that y do not how to appeal so theyplay with you and tiy with , let them know that y know how to apppeal and bombard the the living **** out oif the judges and thengo to an appeal after y trip in error and y will get the judgemen over turned , and or brow beatthe judge tell himy are goingto fed court foir the same issues in EEOC , IT IS DUAL ACTION , BETWEEN STATE AND FEDERAL LAWS , BEST FLOOD HIS DESK WITH ALL KINDS OF MOTIONS AND IF HE A NEW YORKER JUDGE Y WILL **** UP HI BRAINS NICELY DO NOT BE FAIAARD TO WRITE TO THE JUDICIALA COMMISSIONJ

Answer 6

A state or district attorney needs to sing it.

Answer 7

It is my understanding that it must be signed by a Judge. Good Luck ! :)