You’ve Been Served

The Therapist Subpoena

• Where subpoena authority comes from and who may issue a subpoena

• How to recognize and understand common subpoena terminology

When the legal system comes knocking, know what to do.

Few things make a therapist's heart beat faster than an unfamiliar legal document arriving at the office.

A subpoena.

A court order.

A request for records.

A demand for testimony.

What does it mean? Do you have to comply? What records can be released? Who is entitled to them? What happens if the request conflicts with your office policies or professional obligations?

This training takes the mystery out of subpoenas and court orders and gives mental health professionals a practical framework for responding when their work becomes part of a legal proceeding.

What You’ll Learn

Comparison of order vs. records request process with three sections: Process with a scale icon, Disclosure with a stopwatch icon, and HIPAA with a medical symbol; each section contains notes on time to produce records and authority.

• The difference between a subpoena, a court order, and other legal documents

• The difference between requests for testimony and requests for records

• What to look for when a subpoena or court order arrives

Legal document titled 'Subpoena Duces Tecum' issued in Tulsa County, Oklahoma, requiring the production of medical records for patient Kate Smith by April 15, 2026, at 10:00 a.m., addressed to Jane Smith, Records Custodian at Smith & Brown, PLLC.
Slide titled 'Litigation Advantage' with five colored boxes, each containing questions related to legal case considerations.

• Your responsibilities when responding to legal demands

• How professional ethics, licensing requirements, confidentiality obligations, and applicable law can intersect

Flowchart illustrating learning outcomes with four steps: Be, Affirm, Create, Feel. 'Be' refers to being confident in identifying subpoenas or orders. 'Affirm' is about affirming what's required for disclosure. 'Create' involves creating an action plan when served. 'Feel' emphasizes feeling comfortable with subpoenas or orders.

• Why office policies matter when responding to subpoenas and records requests

• How to develop a consistent response process for your practice

The Takeaway

When you receive a subpoena or court order, the goal is not to panic.

The goal is to have a plan.

Participants leave this training with a clearer understanding of subpoenas and court orders, a framework for responding to them, and practical ideas for developing office procedures that make the process more manageable.