NO. 123456

THE STATE OF TEXAS	§		IN THE _____ DISTRICT COURT
§
V.	§		OF
§
JOHN DOE	§		____________ COUNTY, TEXAS

MOTION FOR ORDER FOR RELEASE OF MEDICAL RECORDS

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW, JOHN DOE,  Defendant in the above-entitled and numbered cause, who moves the Court to Order ______________  Hospital to release any and all medical records concerning the treatment of ___________,  D.O.B. ____________,  and in support of said motion would show the Court the following:
I.
	Defendant has been charged by indictment with the offense of ___________________.  The alleged victim, ________________,  was treated at ______________ Hospital on ___________________, 20____  and subsequently died at said facility on __________________, 20___.  The State has alleged that Defendant was the cause of the injuries suffered by _________________ on that date.  
	The State has not obtained the medical records from ________________ Hospital.  Therefore, Defendant has subpoenaed said records.  The __________________ Attorney’s Office has informed Defendant that they will not allow the release of said records without a medical authorization or a court order.  Defendant asserts that these records may contain potentially exculpatory and/or mitigating evidence relevant to the above criminal matter.  Defense counsel has been unable to find a legal heir who would be willing to provide permission to obtain said records.  Therefore, a court order is necessary to secure the release of said records so defense counsel can adequately prepare for trial and render effective assistance of counsel.
II.
	Therefore, Defendant requests that this Court enter an Order requiring the __________________ Attorney’s Office and the Custodian of Records for ___________ Hospital to immediately release all medical records requested in the previously served subpoena to defense counsel and for such other relief to which Defendant may be entitled.

							Respectfully Submitted,

							By:_________________________________

CERTIFICATE OF SERVICE

	I hereby certify that a true and correct copy of the above and foregoing document has been hand-delivered to the District Attorney, _____________________ _________________________ on ____________________, 20_____.

							____________________________________
							Attorney for Defendant

NO. 123456

THE STATE OF TEXAS	§		IN THE _____ DISTRICT COURT
§
V.	§		OF
§
JOHN DOE	§		____________ COUNTY, TEXAS

ORDER FOR RELEASE OF MEDICAL RECORDS

	ON THIS DAY  came on to be heard Defendant’s Motion for Order For Release of  Medical Records of ________________, D.O.B. _________ to defense counsel.  After hearing arguments of counsel and counsel for _____________  Hospital, this Court finds the requested records may be relevant to the allegations made in the above-styled and numbered cause and therefore, is of the opinion that said Motion should be and hereby is GRANTED in all things.
	THEREFORE, it is hereby ORDERED that the __________________ Attorney’s Office and the Custodian for _____________ Hospital shall release copies of any and all records in their possession concerning the treatment of ___________________,  D.O.B. ____________ from ______________, 20____ through ________________, 20____, including any doctors’ notes, nurses’ notes, doctors’ orders, examination notes, emergency room reports and/or notes, x-rays, MRI scans, CAT scans, laboratory reports, daily records, evaluations of any x-ray, MRI and CAT scans, and any medication records, to the attorney for the defendant.
	SIGNED this ____ day of _________________, 20______.

								______________________________
								JUDGE PRESIDING
SUBMITTED BY:

_______________________________