Objection to disclosure, inspection or examination; compliance

Rule 3122. Objection to disclosure, inspection or examination;
compliance. (a) 1. Within twenty days of service of a notice or subpoena
duces tecum under rule 3120 or section 3121, the party or person to whom
the notice or subpoena duces tecum is directed, if that party or person
objects to the disclosure, inspection or examination, shall serve a
response which shall state with reasonable particularity the reasons for
each objection. If objection is made to part of an item or category, the
part shall be specified. The party seeking disclosure under rule 3120 or
section 3121 may move for an order under rule 3124 or section 2308 with
respect to any objection to, or other failure to respond to or permit
inspection as requested by, the notice or subpoena duces tecum,
respectively, or any part thereof.

2. A medical provider served with a subpoena duces tecum, other than a
trial subpoena issued by a court, requesting the production of a
patient's medical records pursuant to this rule need not respond or
object to the subpoena if the subpoena is not accompanied by a written
authorization by the patient. Any subpoena served upon a medical
provider requesting the medical records of a patient shall state in
conspicuous bold-faced type that the records shall not be provided
unless the subpoena is accompanied by a written authorization by the
patient, or the court has issued the subpoena or otherwise directed the
production of the documents.

(b) Whenever a person is required pursuant to such a notice, subpoena
duces tecum or order to produce documents for inspection, and where such
person withholds one or more documents that appear to be within the
category of the documents required by the notice, subpoena duces tecum
or order to be produced, such person shall give notice to the party
seeking the production and inspection of the documents that one or more
such documents are being withheld. This notice shall indicate the legal
ground for withholding each such document, and shall provide the
following information as to each such document, unless the party
withholding the document states that divulgence of such information
would cause disclosure of the allegedly privileged information: (1) the
type of document; (2) the general subject matter of the document; (3)
the date of the document; and (4) such other information as is
sufficient to identify the document for a subpoena duces tecum.

(c) Whenever a person is required pursuant to such notice or order to
produce documents for inspection, that person shall produce them as they
are kept in the regular course of business or shall organize and label
them to correspond to the categories in the request.

(d) Unless the subpoena duces tecum directs the production of original
documents for inspection and copying at the place where such items are
usually maintained, it shall be sufficient for the custodian or other
qualified person to deliver complete and accurate copies of the items to
be produced. The reasonable production expenses of a non-party witness
shall be defrayed by the party seeking discovery.