Subpoena

MDHHS will accept a properly formatted and executed Michigan subpoena requesting testimony or requesting copies of MDHHS records. Please see submission instructions below by type of subpoena. Out-of-state Child Protective Services (CPS) subpoenas must be domesticated under Michigan Law. See MCL 600,2203 for the procedure.

Subpoenas for Testimony

A subpoena commanding a MDHHS employee's appearance for testimony at a deposition or court proceeding must be served upon that employee. Please submit such subpoenas to the office where the employee works. A map of the county MDHHS offices is available on our website. Staff who receive a subpoena to attend a deposition must contact MDHHS-Subpoena@michigan.gov or CSARequestforLegalResearch@michigan.gov for CPS cases.

Subpoenas for Records

• Subpoenas for CPS Records: Subpoenas for CPS records should be served on the local county office where the CPS case occurred. Include necessary proof of representation.A map of the county MDHHS offices is available on our website.
• Subpoenas for all Records other than CPS Records: Email your subpoena along with an executed authorization form to MDHHS-Subpoena@michigan.gov. You may also mail your subpoena and authorization to Michigan Department of Health and Human Services, Office of Legal Affairs, Suite 207, PO Box 30037, Lansing, Ml 48909. Submitting your subpoena via email generally reduces processing time. MDHHS Legal Affairs may accept personal service of subpoenas only for the Michigan Department of Health and Human Services or the Director. For personal service on the Department or Director you may contact stork-phillipsd@michigan.gov to arrange service or present the subpoena to 235 S. Grand Ave, Lansing Michigan.

Subpoena Considerations

When considering the use of a subpoena, please note the following:

• Many MDHHS records are confidential according to Michigan and federal laws. Confidential records are not subject to release via subpoena unless the requester Is authorized by law to receive such records. Some records may be released where a valid consent to release or authorization form is provided. Familiarize yourself with the applicable laws to ensure prompt processing of your subpoena.
•  An attorney-signed subpoena for CPS records must include proof of representation. Proof of representation includes but Is not limited to any court document indicating who the attorney represents or a statement by the attorney or client attesting to the attorney's representation of the client.
•  For CPS and APS records, a judge-signed subpoena or court order must say a referral source can be released before it will be released.
•  CPS records may only be released directly to a client's attorney and not a third-party such as a document processing company,
•  A subpoena requesting appearance for testimony at a court hearing must be served on the proper party at least two days before the appearance date. MGR 2.506(C)(1).
•  A subpoena requesting appearance and records must be served on the proper party at least 14 days before the appearance and record request date. MGR 2.506(C)(1).
•  A subpoena requesting records must be served on the proper party at least 14 days before the record request date, MCR 2.305(A)(3).