Subpoena Policy

ADMINISTRATIVE POLICY

 

Responsible Executive(s) (RE)
Responsible Office(s)
Primary Point of Contact from RO
Contact Information (email and phone)

Howard Boyd

504-865-5783
Effective Date

Permanent or Temporary
Permanent

Policy Statement

Tulane University is committed to cooperating with all government investigations as required by law.

Information for Tulane University Personnel: If a Tulane employee receives a request to accept a subpoena on behalf of Tulane University, before taking any action, the employee must immediately contact the Office of the General Counsel.

Information for Information for Process Servers: The Office of the General Counsel is the only office designated to accept service of a subpoena on behalf of Tulane University.  Anyone attempting to issue a subpoena for medical records of a patient of Tulane-Lakeside Hospital, Tulane University Medical Center a/k/a Tulane University Hospital & Clinic, and/or the Tulane Institute of Sports Medicine, should direct the request to Medical Records Custodian, University Medical Center - HIM Department, 2000 Canal Street, New Orleans, LA 70112.

 

Purpose and Scope

The policy provides information to Tulane University personnel on who to contact and how to proceed if receiving a request to accept a subpoena on behalf of Tulane University.  The policy also provides information for process servers. 

Applicability of this Policy

All members of the Tulane community.

Contacts

Office of the General Counsel

504-865-5783 or 504-988-5031
https://counsel.tulane.edu

Definitions

Subpoena: An order directing the recipient to appear and testify at a specific time and place.

Subpoena duces tecum requires the recipient to produce certain documents listed in the subpoena on the date and time designated in the subpoena.

A subpoena does not grant authority to search the premises.

Policy and Procedures

8.1 Subpoena 

Tulane University is committed to cooperating with all government investigations as required by law.  If a Tulane employee receives a request to accept a subpoena on behalf of Tulane University, before taking any action, the employee must immediately contact the Office of the General Counsel at (504) 865-5783 or (504) 988-5031.  Tulane personnel should not turn over documents to anyone without first consulting with the Office of the General Counsel.  

A subpoena is an order directing the recipient to appear and testify at a specific time and place. A subpoena duces tecum requires the recipient to produce certain documents listed in the subpoena on the date and time designated in the subpoena.  However, the University is subject to privacy requirements imposed by various statutes and regulations (including, but not limited to, the Family Educational Rights and Privacy Act of 1973, the Health Insurance Portability and Accountability Act of 1996, etc.)  These privacy laws protect personally identifiable information from unauthorized disclosure to third parties. Compliance with privacy laws and regulations is often complex.  The Office of the General Counsel is responsible for authorizing the release or copying of university records, or of other information or materials regarding university employees, students or stakeholders to a third party.  If a government official or investigator or law enforcement officer comes to an employee’s university office or laboratory, the employee must immediately contact the Office of the General Counsel and a supervisor before discussing any matters with such government official or investigator or law enforcement officer. Tulane’s policy regarding Unannounced Visits by Government Agents or Law Enforcement is accessible here

A subpoena does not grant authority to search the premises. A search warrant is a signed court order that authorizes law enforcement personnel to access and search a defined area and seize property.  Tulane’s policy regarding search warrants is accessible here.

8.2 Information for Process Servers

The Office of the General Counsel is the only office designated to accept service of a subpoena on behalf of Tulane University. Please direct the individual attempting to serve the subpoena to the following locations:

Uptown--300 Gibson Hall, 6823 St. Charles Avenue, phone 865-5783, fax 865-5784

Downtown-New Orleans BioInnovation Center, 1441 Canal Street, Suite 1406, phone 988-5031, fax 988-7777.

If an employee has erroneously accepted the subpoena, please sign, date, email or fax the subpoena and contact the Office of the General Counsel immediately.

If you are issuing a subpoena for medical records of a patient of Tulane-Lakeside Hospital, Tulane University Medical Center a/k/a Tulane University Hospital & Clinic, and/or the Tulane Institute of Sports Medicine, the request should be directed to the following entity:  

                       Medical Records Custodian                        
                       University Medical Center - HIM Department                        
                       2000 Canal Street                 
                       New Orleans, LA 70112  

Tulane University School of Medicine, a/k/a The Administrators of the Tulane Educational Fund, d/b/a Tulane University Health Science Center, nor any of our physicians are medical record custodians of the above entities.

Consequence of Violating the Policy

Violation of this policy may result in disciplinary action, up to and including termination and/or criminal prosecution.