In Re C.D‪.‬

In this juvenile delinquency proceeding commenced pursuant to Article 3 of the Family Court Act, the petitioner presentment agency, through its attorney, the County Attorneys Office of Orange County, has submitted for the Courts signature a judicial subpoena which directs a hospital to produce for use in the trial of the proceeding the hospital medical records of the alleged victim of the incident giving rise to this proceeding. Although a subpoena signed by the attorney would suffice under the applicable statute (see, CPLR 2302[a]), the presentment agency is following the common practice of having the subpoena "so ordered" by a Court. Apparently, medical service providers will more likely respond to a subpoena "so ordered" by the Court as opposed to one signed solely by an attorney. Courts generally sign such subpoenas since it aids in compliance with a lawful subpoena and avoids possible motion practice. This Court will sign the subpoena but requires the following additional procedure be followed for the following reasons.