Misc. Statutes Flashcards
what is “Written Reports of Medical Treatment and Costs” and exception to?
statutory exception to the hearsay rule
when are such reports admissible? (3 elements)
such reports are admissible if the report contains a sworn statement of the health care provider confirming that:
-person named was treated or examined by such health care provider
-info in report is true and accurate, and
-any statement of costs contained in the report is true and accurate, and
what must the custodian of the record do for such a report?
state that it is a true and accurate copy of the record of the hospital or medical facility
what must a party do procedurally to make this kind of report admissible?
send notice that such report is going to be used, with copies of actual report with attached affidavit, to the opponent 10 days in advance of trial
where does this report exception apply?
applies only in gdc or if a gdc judgment is appealed to CC
authenticity and reasonableness of medical bills presumption? (4 elements)
in any action for personal injuries, wrongful death, or for medical expense benefits payable under motor vehicle insurance policy, the authenticity and reasonableness of the bills for medical treatment are rebuttably presumed if the following requirements of the statute are met:
-plaintiff must testify that he was treated by health care provider
-how he received the bill
-as to the services rendered, and
-that the services were connected with treatment for injuries received
which trial court does the authenticity of medical bills statute apply to?
any trial court
what must the proponent do for the authenticity and reasonableness of medical bills?
furnish a copy of the bills to the opposing party at least 30 days prior to date of trial
admissibility of written estimates of automobile damage and cost to repair if damages claimed are $2500 or less?
these are admissible by affidavit by the person providing the estimate. no copy of affidavit must be furnished before trial if the damages are this amount or less
what if the amount of damages are over $2500
then proponent must furnish copy of affidavit at least 7 days prior to trial
in addition to an itemized estimate, the affidavit must provide: (3)
-that the affiant is a motor vehicle repairman, estimator, or appraiser qualified to determine the amount of such damage or diminution in value
-approx length of time that he or she has engaged in such work, and
-trade name and address of the business and employer
when must GDC suit papers be served
at least 5 days before trial unless all parties agree to an earlier trial date
when must unlawful detainer suit papers in gdc be served?
initial suit papers must be served at least 10 days before the “return date” (the first date that the case is on the court’s docket)
