McKenzie v. Pierce

Upon the divorce of Kayla Pierce McKenzie and Appellee Joshua Pierce, Kayla was awarded custody of their minor child. Kayla subsequently married Appellant, Cleo McKenzie. Appellee later filed a motion for a change of custody due to Appellant's depression and lack of stability. Kayla requested that the motion be denied. Appellee's attorney caused subpoenas duces tecum to be served on the custodians of the records of two medical facilities requesting the medical and mental health records for Appellant. Appellant filed a motion to quash, asserting that he was not a party to the custody dispute and that issuing the subpoenas violated his rights protected under state and federal law. Appellant also sought sanctions pursuant to Ark. R. Civ. P. 11. The circuit court denied the motion to quash and request for Rule 11 sanctions. The Supreme Court granted writ of certiorari and held (1) a nonparty's medical records cannot be subpoenaed under the circumstances presented in this case; and (2) the motion to quash should have been granted. Remanded for consideration of whether Rule 11 sanctions were appropriate in this case.