2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS
2306 - Hospital records; medical records of department or bureau of a municipal corporation or of the state.


NY CPLR § 2306 (2012) What's This?
 
    § 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.

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