Record Retrieval
Non-Party Records Retrieval
IDS simplifies the process of collecting medical and non-medical records to support your case. We work directly with companies and providers to retrieve your records, ensuring they are delivered promptly to you and opposing counsel, saving you time and effort.
Services
- Document Drafting
- Subpoena Duces Tecum
- Non-Party Request for Records
- Custodian Affidavit of Authenticity
- HIPPA Certification
- Reproductive Attestation
- Pre-fill Authorizations for records requiring it
- Serving Documents
- Serve Documents in-person when required.
- Faxing requests
- Certified Mailings
- Physical Records Collection/Scanning
- Where required IDS will retrieve physical documents from the provider and scan or duplicate them as necessary.
- File Repository
- Available to our clients with master case access; per-case access.
- Available to Opposing Counsel with restricted Per-matter Records-only access.
Opposing COunsel Access
IDS uses a secured HIPPA compliant SOC2 level 1 certified Filesharing service with encrypted links that are available to opposing counsel. They can use this link to satisfy legal requirements and access the records in real-time once we recieve them.
Retrieval process
IDS initiates the records retrieval process by preparing non-party subpoena requests tailored to the specific record type. These drafts, along with any necessary authorizations, are sent to your firm for review and approval, ensuring accuracy and compliance.
15-day waiver
Upon approval IDS sends the 15-day waiver of notice and Subpoenas with any necessary authorizations as well as the Repository link to opposing counsel. We record the day sent and start the 15-day timer.
Provider/Custodian
After the 15-day period expires IDS works with medical record or domestic companies to collect the records outlined in the subpoena.
Delivery
Depending on your prefered method of delivery IDS will either prepare electronic delivery or paper delivery of your records to your office.
FAQs
Non-Party Record Retrieval Services Across Indiana
What is non-party record retrieval?
Non-party record retrieval involves obtaining documents or records from individuals or entities not directly involved in a legal case, such as hospitals, employers, or financial institutions.
Is non-party record retrieval legal in Indiana?
Yes. Indiana law permits parties to request records from non-parties through subpoenas, provided the request complies with discovery rules and privacy regulations.
What types of records can be retrieved?
Common records include medical files, employment history, financial statements, phone logs, and educational transcripts. Requests must be relevant to the legal matter.
How are records requested from non-parties?
Records are typically requested via subpoena duces tecum, which compels the non-party to produce documents. The subpoena must be properly served and include specific instructions.
Source: Indiana Public Access Handbook
Do non-parties have to comply with record requests?
Yes, unless they file a motion to quash or object based on relevance, burden, or confidentiality. Courts may hold hearings to resolve disputes over compliance.
Are there privacy concerns with non-party records?
Absolutely. Records containing sensitive information—such as medical or financial data—must be handled in compliance with HIPAA, FERPA, and other privacy laws.
Can IDS retrieve records from out-of-state entities?
Yes. IDS can coordinate with out-of-state custodians and comply with interstate subpoena procedures, including domestication when required. Importantly, a Release of Information is the quickest and easiest way to retrieve out of state records.
How long does record retrieval usually take?
Turnaround times vary based on the entity’s responsiveness and complexity of the request. Most records are retrieved within 7–30 business days. This does not include the initial 15-day waiver period.
What happens if a non-party refuses to release records?
The requesting party may file a motion to compel. Courts will evaluate the request’s relevance and burden before ordering compliance.
Does IDS ensure confidentiality during retrieval?
Yes. IDS uses secure channels, encrypted storage, and strict access controls to protect sensitive records throughout the retrieval process.
Still have a question?
Drop us an E-Mail: Records@idsindy.net
