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MaryL42 · Apr 5, 2011, 03:54 PM

I want to subpoena clinical test results from a custody evaluation (604b) and file a motion to dismiss the prohibition of a 604.5 evaluators testimony in my case. I am in Illinois, bankrupt and pro se.

JudyKayTee · Apr 5, 2011, 04:40 PM

I want to go to DisneyWorld.

What is your question?

cdad · Apr 5, 2011, 05:10 PM

Were you involved in the evaluation? You should have gotten the results from it. It would only be for your side of course. Much of that documentation isn't meant for public record or review. Hipaa laws still remain in effect.

Fr_Chuck · Apr 5, 2011, 07:04 PM

Do you have a current case of some sort ? You will have to first have a valid case to file motions for. Next you have to have a valid case that involves that eval

MaryL42 · Apr 6, 2011, 11:19 AM

I have a current case. It does involve the eval. Custody case. I was involved in the evaluations. HIPPA does not apply as we were required to sign wavers releasing info gained as non-confidential. Kids also involved.

A report was issued, & contained only a brief (one sentence) synopsis of the clinical test results (MMPI 2 and others). All my husband's testing was invalidated. Mine was not. No indication of pathology in synopsis of my evals, yet husband was recommended for full custody.

My interest is in seeing and having an expert review the content and results of the clinical testing. I have no idea how to go about getting this information. I assumed I need to file a motion but don't know how.
Are there online resources for acquiring the proper forms? How do I find out how to fill them our properly? Do I have to site cause or intent?

I hope these questions are pointed enough.

AK lawyer · Apr 6, 2011, 11:34 AM

Originally Posted by MaryL42

...
Are there online resources for acquiring the proper forms? How do I find out how to fill them our properly? Do I have to site cause or intent?
...

Online forms are a quite recent innovation. Prior to that, lawyers or pro-se litigants had to exercise ingenuity by "re-inventing the wheel" every time. If someone hasn't put such a form online (and they wouldn't have unless is a commonly occurring situation) you will have to fall back on that old way of doing things.

Either that, or find a lawyer to do that for you. That's what lawyers get paid to do.

JudyKayTee · Apr 6, 2011, 11:37 AM

You prepare a subpoena and present it to the Judge for signature. When signed, you have it served on the appropriate party. If the matter is open you don't need another Motion - it's on the table so you subpoena additional evidence.

You would need a Subpoena Duces Tecum which requires a witness to present himself/herself to the Court on a specific date with ALL PAPERWORK.

Is there a possibility of assigned legal counsel, legal aid, something along those lines? If you start getting things wrong and alienating witnesses you could have a REAL problem.

AK lawyer · Apr 6, 2011, 12:10 PM

Originally Posted by JudyKayTee

... You would need a Subpoena Duces Tecum which requires a witness to present himself/herself to the Court on a specific date with ALL PAPERWORK.
...

Or perhaps OP should first engage in discovery, so as to find out what evidence exists before going to court. In that event, the subpoena DT would be for a deposition. That's what I would recommend.

MaryL42 · Apr 7, 2011, 05:54 PM

Thank you for all your replies.

Questions: What is OP? How do I obtain this info through discovery? Maybe I am thinking wrongly and don't need a subpoena?

I don't care to have the author of the document present, as she'd likely serve my husband's case more than mine, in defense of her own report. I just want to see the clinical test results so I can have an independent expert look at them.
Do I HAVE to have the witness there? My understanding is I would have to pay for her time, and I can't. I'm bankrupt.

Besides obtaining the clinical test results, I'm interested in getting a statement (in a letter?) from the second evaluator, summarizing her opinion, as she did for my attorneys, when I still had them. She recommended joint custody.

I have been trying to get legal aid for over a year. I make too much money in salary to qualify. Bankruptcy doesn't count for getting help, yet I don't clear enough of my paycheck to be able to hire legal advice. (My husband's family has loaned him $40k+, & I have no backing)

I've gotten some advice "a la carte" a bit, paying for an hour or 2 at a time, but I can't keep it up.

I have heard there are books on this topic as well. Can anyone recommend a good title?

Fr_Chuck · Apr 7, 2011, 06:38 PM

Also have you hired the expert, since it may be just an issue of that expert with your notice, Doctor to doctor transfer of medical records with signed releases

MaryL42 · Apr 26, 2011, 11:12 AM

I don't have the money to hire experts.

Can anyone point me in the right direction for motioning to get the 604.b evaluators comments allowed?
I wasn't able to afford to publish her findings (an extra $6000 I didn't have), but she may be willing to write me a letter, and I want to get that entered into record.

Thanks

JudyKayTee · Apr 26, 2011, 11:21 AM

This was answered in #6 above. This is not a common occurrence; therefore, forms are not available on line. You have to prepare the Motion yourself or hire an Attorney on your behalf.

I realize you are bankrupt but I see no other way.

Did you attempt a subpoena, discovery motion, something else - which have been suggested?