A subpoena for hospital records, medical records of department or bureau of a municipal corporation or of the state, must be served at least day(s) ___ before time fixed for production of records.

• A. 5 days
• B. 3 days
• C. 1 day
• D. 7 days

Answer: (B)

The key idea is that there must be advance notice to the records custodian so they have time to locate, assemble, and produce the documents, and to address any privacy or privilege concerns. For subpoenas seeking hospital records or records from a municipal or state department or bureau, the required minimum notice is three days before the time fixed for production. You may schedule production with more than three days’ notice, but not less. A shorter notice, like one day, could lead to objections or delays, while longer notice simply satisfies the rule.