So you want to put into evidence medical records, a report or other information — how do you do it in Virginia’s General District Court?
- 10 DAY NOTICE TO OPPOSING PARTY!
- a COPY of the evidence and written notice of the intent to present the evidence
- Attached –
- sworn declaration of the medical treating or examining medical provider
- person was treated or examined
- information is true an accurate and fully descriptive of the nature and extent of the injury
- statement of costs contained in the report is true and accurate; or
- sworn statement of custodian of the report or statement that it is true nd accurate copy of the report or statement
§ 16.1-88.2. Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records.
In a civil suit tried in a general district court or appealed to the circuit court to recover damages for personal injuries or to resolve any dispute with an insurance company or health care provider, either party may present evidence as to the extent, nature, and treatment of the injury, the examination of the person so injured, and the costs of such treatment and examination by the following:
1. A report or statement from the treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff outside of the Commonwealth. Such report or statement shall be admitted if the party intending to present such evidence gives the opposing party or parties a copy of such evidence and written notice of such intention 10 days in advance of trial and if attached to or contained in such evidence is a sworn declaration of (i) the treating or examining health care provider that (a) the person named therein was treated or examined by such health care provider, (b) the information contained in the report or statement is true and accurate and fully descriptive as to the nature and extent of the injury, and (c) any statement of costs contained in the report or statement is true and accurate or (ii) the custodian of such report or statement that the same is a true and accurate copy of the report or statement; or
2. The bills as defined in subsection A of § 8.01-413.01 or records of a treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for its treatment of the plaintiff outside of the Commonwealth. Such provider’s records or bills shall be admitted if (i) the party intending to present evidence by the use of records or bills gives the opposing party or parties a copy of the records or bills and written notice of such intention 10 days in advance of trial and (ii) attached to the records or bills is a sworn declaration of the custodian thereof that the same is a true and accurate copy of the records or bills of such provider.
If, thereafter, the plaintiff or defendant summons the health care provider or custodian making such statement to testify in proper person or by deposition, the court shall determine which party shall pay the fee and costs for such appearance or depositions, or may apportion the same among the parties in such proportions as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require. The plaintiff may only present evidence pursuant to this section in circuit court if he has not requested an amount in excess of the ad damnum in the motion for judgment filed in the general district court.
The attached report, statement or record are related to _______________________. Pursuant to Virginia Code § 16.1-88.2 AND/OR 8.01-390.3 and Virginia Supreme Court Rule 2:803(6):
[ ] check if applicable
- I am a treating or examining health care provider (defined by Va Code § 8.01-481.1).
- _______________________________ was treated and/or examined by me.
- The information contained in the attached report or statement is true and accurate and fully descriptive as to the nature and extent of the injury, and
- any statement of costs contained in the report or statement is true and accurate
[ ] check if applicable
- I am the custodian of the attached report or statement by a treating health care provider (defined by Va Code § 8.01-481.1)
- The report, statement or records were made at or near the time of the acts, events, calculations, or conditions by–or from information transmitted by– someone with knowledge;
- The report, statement or records were made and kept in the course of a regularly conducted activity of the entity shown on the statement or report, a business, organization, occupation, or calling, whether or not for profit;
- The making and keeping the report, statement or records was a regular practice of that activity;
- The report, statement or records is a true and accurate copy of the report, statement or records.
CERTIFICATION: I, certify, under penalty of perjury pursuant to Virginia Code § 8.01-4.3 and/or 28 USC § 1746, that the foregoing is true and correct to the best of my knowledge, information, and belief
NOTICE: Certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such report, statement or record at trial in lieu of the live testimony of the custodian of records.
The evidence must still be relevant, reliable and is subject to other objections.
The fact that the report or statement is admissible does not mean that it may not be objected to on another basis – speculation, lack of medical causation, outside of the expertise of the health care provider, etc.
Nothing herein is intended to be legal advice to you! If you represent yourself – you alone are responsible. The law firm always recommends that you seek the advice of counsel. Sometimes it is well worth it to pay for a 1 hour paid consult with an attorney even if you decide to represent yourself. Nothing herein creates an attorney client relationship. As with all of this website – it is intended for Virginia and nothing in this website evidences any intention to purposely avail the law firm of the benefits and protections of other jurisdictions.