View Full Version : How do I write a Motion for Discovery of Medical Records
freejmc
Sep 22, 2009, 06:03 AM
I am a pro se litigant. The civil case is at the Discovery phase. I would like the court to order the release of my medical documents from the defendant - as the defendant will not release my medical file unless it is requested by a law firm. I have no attorney at this point. It is my intent to also file a Motion for Appointment of Counsel. Can anyone refer me to at least samples of these documents? Thank you.
JudyKayTee
Sep 22, 2009, 06:15 AM
What State? It varies.
twinkiedooter
Sep 22, 2009, 01:48 PM
Generally you would do a Request for Documents or a Request for Production of Documents. Those particular motions would be in the Rules of Civil Procedure for your state's law statutes and can readily be copied and you fill in the blanks so to speak and customize to your particular case requesting any and all documents the Defendants have in their possession. Be ready though, to pay a copying charge for these documents as law offices do have the right to charge you so much per page for copies of these records you request via a Request for Production. This does not have to be Court ordered either. You just follow the Motion for Request for Produciton of Documents and the defendant has so many days (usually 30 days) to produce them to you or you can then file with the Court a Motion to Compel Request for Production of Documents and the Court orders the defendant to produce the records to you usually in 10 days.
Would also suggest that you obtain a copy of your state's Rules of Civil Procedure and study that well. The Rules are usually online. Print out a copy and study hard.
Don't know how successful you will be with a Motion to Appoint Counsel. Why haven't you obtained an attorney yourself for this matter? If it is an accident case most attorneys will take on your case on a contingency fee meaning they don't need money up front to handle your case but deduct their fee from whatever settlement they get for you.
ScottGem
Sep 22, 2009, 02:19 PM
A brief explanation of the case can help us help you more.