A subpoena is a court-issued command requiring a person or entity to provide testimony, documents, or both. Delaware Superior Court Civil Rule 45 governs subpoenas. In personal injury cases, subpoenas are commonly used to obtain medical records, employment records, phone records, and to compel non-party witness testimony.
Subpoenas play an important role in Delaware personal injury discovery. They reach beyond the parties to obtain records and testimony from third parties — hospitals, employers, insurance companies, and witnesses. Understanding how Delaware subpoenas work helps you anticipate what evidence will be developed in your case.
The Detailed Answer
Delaware subpoenas are issued under Superior Court Civil Rule 45 (or the corresponding rule in other Delaware courts).
Types of Subpoenas
A subpoena ad testificandum commands a witness to appear and testify (typically at deposition or trial). A subpoena duces tecum commands the production of documents or records. Most Delaware personal injury subpoenas are duces tecum, seeking records.
Common Records Subpoenaed
In a typical Delaware personal injury case, subpoenas seek: medical records from all treating providers, employment records (including HR files and wage records), tax returns and W-2s, insurance claim files, police reports, 911 recordings and dispatch records, security camera footage, cell phone records, and prior litigation records.
HIPAA and Privacy Compliance
Medical records require HIPAA-compliant authorization or a court-issued subpoena. Delaware courts often require notice to the patient before medical records are released by third parties.
Compliance and Objections
A person served with a subpoena must comply or move to quash within the time stated. Grounds to quash include privilege, undue burden, irrelevance, or improper service. The court resolves disputes.
Out-of-State Subpoenas
Subpoenaing records or witnesses outside Delaware requires compliance with the Uniform Interstate Depositions and Discovery Act, which Delaware has adopted under 10 Del. C. § 4311. The other state must issue its own subpoena based on the Delaware subpoena.
Witness Fees
A non-party witness subpoenaed for trial or deposition is entitled to a statutory witness fee plus mileage under Delaware law.
What This Means for Your Case
If you are a plaintiff, expect the defense to subpoena records covering many years of your medical, employment, and personal history. Discuss anything potentially harmful with your attorney early so it can be addressed proactively. If you are a non-party served with a subpoena, consult an attorney before complying. Related guides: discovery, depositions.
Related Questions
Q: Can I object to a subpoena seeking my medical records?
You may object to records that are irrelevant or beyond the scope. However, by claiming personal injuries, you put your relevant medical history at issue.
Q: Who issues a Delaware subpoena?
Subpoenas are issued by the court (usually through the attorney as an officer of the court) under Rule 45.
Q: What happens if a witness ignores a subpoena?
The court may hold the witness in contempt. Sanctions can include fines and, in extreme cases, arrest.
When to Talk to a Delaware Personal Injury Lawyer
Subpoena issues require Delaware-specific procedural knowledge. Joseph M. Jachetti has experience handling Delaware subpoena practice. Free consultations: (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.