Sent out repeatedly by all of the participants in the process, the subpoena for records is easily the most frequently-used official document in workers’ compensation practice, yet it remains poorly understood, and frequently misused. Understanding its essentials will prevent you from being a victim of modern-day highway robbery.
Who May Issue a Subpoena?
Let’s start with a seemingly simple question: who can issue a subpoena? To judge by the custom and practice in workers' compensation, the answer appears to be absolutely anyone who wants to. Not so. Code of Civil Procedure § 1985 states that a subpoena may be issued by “... an attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena ¼.” Anyone else who wants to send out a subpoena must have it issued by the Clerk of the Superior Court.