Nationwide Service of Process-Implications for Medical Records

In 2013, Federal Rule of Civil Procedure 45—which address subpoenas—was amended to give parties in federal court nationwide service of process power. Where previously jurisdictional limits shielded people from responding to federal requests for production of medical records, amendments to the federal rules have eliminated this possible safe haven. Now, there is no geographical limit on a party to a federal suit’s ability to request medical documents through a subpoena duces tecum. As a result, a subpoena duces tecum served on a person in California requesting medical records by a party in Florida is valid and binding.

Written by: Danielle L. Borel

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