(Download) "Keplinger v. Viginia Electric and Power Co." by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: Keplinger v. Viginia Electric and Power Co.
- Author : Supreme Court of Wyoming
- Release Date : January 14, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
The Circuit Court of Grant County presents this Court with a certified question involving various issues related to the discovery of the medical records of a party to a law suit from a nonparty source. We reformulate the question to enable us to address the numerous issues raised, and we conclude: (1) the provisions of W. Va. Code §§ 57-5-4a - 4j must be followed any time a subpoena duces tecum is issued to require production of hospital records; (2) when Rule 45 of the West Virginia Rules of Civil Procedure is used as a discovery device, it is subject to all the provisions of the discovery rules; (3) when a party seeks to use Rule 45 to subpoena an opposing partys medical records from a nonparty, notice to the party/patient must occur sufficiently in advance of service of the subpoena to provide a reasonable opportunity for the patient/party to object; and (4) a party may not use Rule 45, or any other discovery device, to pursue discovery of items that are the subject of an ongoing discovery dispute.
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