Local Rule 35.1: DISCLOSURE OF MEDICAL INFORMATION IN PERSONAL INJURY CASES
D. Mass. — Civil rule
RULE 35.1 DISCLOSURE OF MEDICAL INFORMATION IN PERSONAL INJURY CASES
(a) Disclosure by Claimants. Within 14 days after an issue is joined by a responsive pleading, a claimant (whether a plaintiff, third-party plaintiff, cross-claimant, or counter-claimant) who asserts a claim for personal injuries shall serve a defendant (whether a direct defendant, third-party defendant, cross-claim defendant, or counterclaim defendant) with
(1) an itemization of all medical expenses incurred before the date of service of the pleading containing the claim for which recovery is sought. If the claimant anticipates that recovery will be sought for future medical expenses, the itemization shall so state, but need not set forth an amount for the anticipated future medical expenses;
(2) a statement that either:
(A) identifies a reasonably convenient location and date, within no more than 14 days, at which the defendant may inspect and copy, at the defendant's expense, all non-privileged medical records pertaining to the diagnosis, care, or treatment of injuries for which recovery is sought; or
(B) identifies all health-care providers from which the claimant has received diagnosis, care, or treatment of injuries for which recovery is sought together with executed releases directed at each provider authorizing disclosure to the defendant or its counsel of all non-privileged medical records in the provider's possession.
(b) Assertion of Privilege. Insofar as medical records are not produced in accordance with subsection (a)(2) on the ground of privilege, the claimant shall identify the privileged documents and state the privilege pursuant to which they are withheld.
(c) Removed and Transferred Actions. In all actions removed to this court from a state court or transferred to this court from another federal court, claimants seeking recovery for personal injuries shall provide the information and materials described in subsection (a) within 21 days after the date of removal or transfer.
Adopted effective October 1, 1992; amended effective December 1, 2009.