Inside District Court
104 packet. Many plaintiffs’ cases would benefit greatly from a peer review or causation letter from a doctor describing the treatment and rendering the opinion that all of the treatment and bills were fair, reasonable, and causally connected to the subject occurrence.
but, it may also be a wise investment.
Use of the § 10-104 Packet at Trial Once the § 10-104 notice has been filed, the § 10-104
packet has been served on the defendant, and discovery is complete, it is time for trial. Te § 10-104 packet does not automatically come into evidence when the case is called. It is important to remember to move the § 10-104 packet into evidence during your case in chief. Failure to move the § 10- 104 packet into evidence will leave you unable to prove your damages case. Tere are two common ways to enter the § 10-104 packet
into evidence. Te first is less formal. If you have stipulated to the admissibility of the § 10-104 packet, simply mark the § 10-104 packet as an exhibit and hand it to the judge in District Court, or to the courtroom clerk in Circuit Court. Te second way to enter the § 10-104 packet into evidence is by motion. If you have not stipulated to its admissibility, the first thing you should do when you begin your case, before you call your first witness, is mark the § 10-104 packet and move it into evidence. As a side note, when speaking, the § 10-104 packet is generally simply referred to as a “10- 104.” Once in evidence, you may use the § 10-104 packet at trial as permitted by the Rules, or reference it at closing. It is important that your client be familiar with her medical treatment, and that her testimony should work synergistically with the records in the § 10-104 packet to paint an accurate picture of your client’s injuries, treatment, and the effect on her life. Te client should also be prepared for impeachment in the event there are discrepancies in the § 10-104 packet. Oftentimes, the § 10-104 packet will not get much use
until your closing. It is at this point in the trial that you will reference the § 10-104 packet by page number, and highlight the important notes and treatment to the judge. You should look for descriptions of your client’s pain, objective signs of injury, and effect on your client including any mention of changes to your client’s activities of daily living.
Conclusion With the limitation on the permissible amount in
controversy, and related limitations, the procedure and shortcut provided in § 10-104 is not appropriate in every case. It is important that when electing to use § 10-104, that the client understand the benefits and risks, and makes an
Trial Reporter / Summer 2012 37
informed decision with the guidance of her skilled attorney. Te attorney must be diligent and follow each and every procedure and meet every required deadline.
If all of the It may seem expensive for some cases,
above is accomplished, then your client will receive the benefit of entering her bills and records and her medical providers’ opinions into evidence, without having to pay to have the provider present at trial.
Biography Craig I. Meyers is a senior associate at Berman, Sobin,
Gross, Feldman & Darby LLP, located in Gaithersburg, Maryland, and is a proud member of the Maryland Association for Justice. Craig represents clients injured due to the negligence of others, and concentrates significantly on complex motor torts and automobile insurance law and litigates extensively in both the District and Circuit Courts. Prior to joining Berman, Sobin, Gross, Feldman & Darby LLP, Craig worked for a private firm, primarily as an insurance defense attorney. Craig graduated from Suffolk University Law School, cum laude, and received his BA from Goucher College. He may be reached at 301-670-7030, or
cmeyers@bsgfdlaw.com. Please visit his firm’s web site at
www.bsgfdlaw.com.
National Legal Research Group CHARLOTTESVILLE, VIRGINIA
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