Authorizations. At any time after the parties have conferred as required by Fed. R. Civ. P. 26(f),
a party may request medical records, wage and earning records, or Social Security Administration
records of another party as follows:
(a) Where a party’s physical or mental condition is at issue, that party shall provide to the
opposing counsel either the party’s medical records or a signed authorization so that
records of health care providers which are relevant to injuries and damages claimed may
be obtained. If additional records are desired, the requesting party must show the need for
them.
(b) Where lost earnings, lost earning capacity, or back pay is at issue, the party making such
claims shall furnish signed authorizations to the opposing party’s counsel so that wage and
earning records of past and present employers and the Social Security Administration
records may be obtained.
(c) Copies of any records obtained with authorizations provided pursuant to Sections (1) or
(2) above shall be promptly furnished to that party’s counsel. Records obtained shall
remain confidential. The attorney obtaining such records shall limit their disclosure to the
attorney’s client (or, in the case of an entity, those employees or officers of the entity
necessary to prepare the defense), the attorney’s own staff, and consulting and testifying
experts who may review the records in connection with formulating their opinions in the
case.
