US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » CVP - Civil Practice Law and Rules » Article 23 - Subpoenas, Oaths and Affirmations » 2306 – Hospital Records; Medical Records of Department or Bureau of a Municipal Corporation or of the State.
§ 2306. Hospital records; medical records of department or bureau of a
municipal  corporation  or of the state. (a) Transcript or reproduction.
Where a subpoena duces tecum is  served  upon  a  hospital,  or  upon  a
department  or  bureau of a municipal corporation or of the state, or an
officer thereof, requiring the production of  records  relating  to  the
condition  or  treatment  of  a  patient,  a  transcript or a full-sized
legible reproduction, certified as correct by the superintendent or head
of the hospital, department or bureau or his assistant, or the  officer,
may  be  produced  unless  otherwise ordered by a court. Such a subpoena
shall be served at least three  days  before  the  time  fixed  for  the
production of the records unless otherwise ordered by a court.

(b) Delivery to clerk. Where a court has designated a clerk to receive records described in subdivision (a), delivery may be made to him at or before the time fixed for their production. The clerk shall give a receipt for the records and notify the person subpoenaed when they are no longer required. The records shall be delivered in a sealed envelope indicating the title of the action, the date fixed for production and the name and address of the attorney appearing on the subpoena. They shall be available for inspection pursuant to the rules or order of the court.