District Court Trial Practice (Continued from page 30)
will be presented to the court, so the consequences of a procedural error can be particularly dire. It allows the bills and records of a health care provider to be received in evidence without witness testimony, as long as the requirements of the statute are met. Section 10-104 may be used in any action for personal injury, medical or disability benefits, first-party auto insurance, or first-party, health-insurance benefits brought in the District Court (or in the Circuit Court where the amount in controversy would be within the original jurisdiction of the District Court). CJP § 10-104. This requires that a Notice of Intent to In- troduce Writings and Records Without Support of Testimony be filed with the Court and served to all parties at least 60 days before the trial date. CJP § 10-104 (c)(1)(ii). The Notice must contain a list stating the name of the health care provider for each writing or record and
the date of each writing or date of each treatment. CJP § 10-104 (c)(3). In order to ensure compliance with the 60-day deadline, I suggest serving the required notice and supporting documentation along with the complaint. This ensures that the trial date will not be set too early to comply with the 60-day requirement. The documents will then be admissible without the need for testimony. CJP § 10-104 (d)(1). The fact-finder may as- sign this evidence any weight it deems appropriate. CJP § 10-104 (d)(2). Medi- cal bills presented using this procedure are not required to contain a statement as to fairness or reasonableness. CJP § 10-104 (c)(1).
b). Presenting Evidence of Paid Bills for Goods or Services Under CJP § 10-105
Similarly, a witness from a provider
of goods or services is not required to admit into evidence paid bills or receipts for goods or services in civil actions in
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the District Court (or in Circuit Court cases within the original jurisdictional amount of the District Court) if counsel complies with CJP § 10-105 (a). Paid bills for goods or services are admissible without testimony as to the authentic- ity of the bills for goods or services, or testimony regarding the fairness and reasonableness of the charges for the goods or services. CJP § 10-105 (b)(1) (i). The fact-finder may attach whatever weight to the bills it deems appropriate. CJP § 10-105 (b)(1)(ii). Testimony from a witness is still
required, however. The bill may be ad- mitted upon the testimony of a person with personal knowledge identifying the original bill or a copy; identifying the provider of the goods or services; explaining the circumstances surround- ing the receipt of the bill; describing the goods or services provided; stating those goods or services were provided in connection with the event giving rise to the action; and stating that the bill was paid. CJP § 10-105 (b)(2). Normally, this testimony may be provided by your client. A classic example of a situation in which this procedure would be use- ful is in the context of admitting a paid bill for a rental car in an auto-tort case. Your client can lay the entire foundation required to admit the paid bill. This avoids the problem of trying to get a witness from the rental car company to appear for your case. Remember, using this section also re-
quires service of a notice upon all other parties at least 60 days before the trial begins. CJP § 10-105 (c)(1). The notice resembles that which is used to admit records of health care providers under section CJP §10-104. It must include a list that identifies each bill and have attached to it a copy of each bill. CJP § 10-105 (c)(1)(i). For each bill, the list must include the name of the provider of goods or services, and the date the good or service was provided. A notice of service, and the list that identifies each bill, must be filed with the Court. CJP § 10-105 (c)(1)(ii). Admitting paid bills this way can save you many headaches
(Continued on page 34) 32 Trial Reporter Spring 2008
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