The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
MOTION IN LIMINE RE: INADMISSIBILITY OF PLAINTIFF’S EXPERT MEDICAL REPORT
INTRODUCTION
Any medical report sought to be introduced by plaintiff is inadmissible as hearsay and lacks sufficient foundation.
THE REPORT OF AN EXPERT IS NOT ADMISSIBLE INTO EVIDENCE
The report of an expert is not admissible into evidence. Expert reports are hearsay evidence since they contain statements that were made other than by a witness while testifying at a hearing.
Evidence Code Section 1200 provides:
(a) Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that if offered to prove the truth of the matter stated. (b) Except as provided by law, hearsay evidence is inadmissible.
Expert reports are not made admissible by the business records exception to the hearsay rule.
Evidence Code section 1271 provides: Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove that action, condition, or event if :
(a) the writing was made in the regular course of a business;
(b) the writing was made at or near the time of the action, condition, or event;
(c) the custodian or other qualified witness testifies to its identity and the mode of its preparation; and
(d) the sources of information and method and time of preparation were such as to indicate its trustworthiness. (See Part 2 of 2.)
For more information you are welcome to contact personal injury lawyer, Moseley Collins.