Records Subpoena

Records Subpoena

Records Subpoena

A records subpoena commands production of documents without deposition testimony, typically with a custodian certification authenticating them. It is the standard mechanism for obtaining medical, employment, and financial records.

Authorizations may substitute where the party consents.

Alternative Names:

Business Records Subpoena, Documents Only Subpoena

Why it Matters?

Records subpoenas are the highest-volume discovery activity in personal injury defense, and their effectiveness depends on precision. Requests specifying provider, date range, and record type produce complete responses, while broad requests draw objections and partial productions requiring follow-up. Requesting the certification with the records avoids a second request before trial, which is the most common oversight.

Frequently asked questions

What makes a records subpoena effective?

What makes a records subpoena effective?

Precision. Specifying provider, date range, and record type produces complete responses where broad requests draw objections.

What is the common oversight?

What is the common oversight?

Failing to request the custodian certification with the records, which requires a second request before trial.