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We need copies of a defendant's medical records from when he was active in the military. How do we go about obtaining those? Will Standard Form 180 work, or do you have to have a court order?
 
Posts: 2 | Location: 97th District | Registered: March 05, 2014Reply With QuoteReport This Post
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Mrs. Reed (Bexar County) has a way to get records from Walter-Reed (i.e. military hospital). We have copied this and, while it may not fit your situation, if you email me I will send you our example.
 
Posts: 106 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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Timing is Everything

The March-April 2014 issue of the Texas Prosecutor will have an article on that very question! But it's still in the editing/printing stage right now. Email Sarah Wolf in our office and she might be able to provide you with an advanced copy.
 
Posts: 2395 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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Seems to me that you'll need to submit an SF180 and attach a court order or a subpoena signed
by a judge.

From the national archives standard response for requests that lack court orders (attached):

"Access to specific military or civilian personnel and/or medical records on file at the National Personnel Records Center, St. Louis, Missouri or Valmeyer, Illinois, may be gained pursuant "to the order of a court of competent jurisdiction." Valid court orders should be addressed to this Center [National Personnel Records Center]. Subpoenas qualify as orders of a
court of competent jurisdiction only if they have been signed by a judge. To be valid, court orders must also be signed by a judge. Authority for these requirements is 5 U.S.C. 552a(b)(11), as interpreted by Doe vs. DiGenova, 779 F. 2d 74 (D.C. Cir. 1985), and Stiles vs. Atlanta Gas and Light Company, 453 F. Supp. 798 (N.D. Ga. 1978).

http://www.archives.gov/st-lou...nel/court-order.html
 
Posts: 9 | Location: Texas | Registered: September 09, 2011Reply With QuoteReport This Post
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