Legal Question in Personal Injury in California
Are doctor's reports admissible as evidence in an unlimited superior court case? Do witnesses have to be there to authenticate them, or if it is obviously authentic, will they be admissible. Also, the same question for MRI reports.
4 Answers from Attorneys
The attorney you retain for your case will be able to lay an evidentiary foundation for the documents, for example by the use of Requests for Admission demanding that the defendants admit that the doctor's reports, MRI reports, and billings are genuine. Going to court and telling the judge that some document is "obviously authentic" will get you shown the door.
The main problem is that the report of the doctor will be full of hearsay statements. There are ways to authenticate documents without calling the author (doctor) to testify but you cannot introduce documents containing statements from someone that is not available to be cross examined unless the other side does not object.
The other side will object unless the foundation is properly laid. In a personal injury case you can anticipate that the other side will do as much to block your case as possible. If you do not have an attorney, you certainly need to see one for at least several hours to help you prepare, as there are too many stumbling blocks in trying a case, even when one is an attorney.
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Earlier this week I posted a negative review on a company online.... Asked 11/18/11, 12:46 pm in United States California Personal Injury Law and Tort Law