Attempting A Case From First Base to Home Plate Dallas Bar Association Tort Insurance Practice Section March 9, 2007 Da.


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Narrative Evidence. Laura D. SchmidtDOWNS STANFORD2001 Bryan Street, Suite 4000Dallas, Texas 75201214/748-7900lschmidt@downsstanford.com. Acceptability . Validation Dealing with prattle. Validation . A few records are
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Spring Training 2007 Trying A Case From First Base to Home Plate Dallas Bar Association Tort & Insurance Practice Section March 9, 2007 Dallas, Texas

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Documentary Evidence Laura D. Schmidt DOWNS STANFORD 2001 Bryan Street, Suite 4000 Dallas, Texas 75201 214/748-7900 lschmidt@downsstanford.com

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ADMISSIBILITY Authentication Dealing with prattle

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AUTHENTICATION Some archives are "self-confirmed" and don\'t require declaration If not, must demonstrate up by extra means

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SELF-AUTHENTICATING (TRE 902) Certified Copies of Public Docs Ex: Police report, court records, passing endorsement, criminal records* * Be certain to get unique mark sheet and docket sheet

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SELF-AUTHENTICATING Official Publications (issued by an open specialist) EX: DPS driver\'s manual, IRS directions

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SELF-AUTHENTICATING Newspapers/periodicals EX: Stories ablaze scene examination, subtle elements of car crash, climate reports

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SELF-AUTHENTICATING Trade engravings & "the like" EX: Labels, cautioning stickers, hang-labels

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SELF-AUTHENTICATING Business records joined by sworn statement EX: Repair work, stock, deals information, board minutes FORM: TRE 902 (10)(b)

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SELF-AUTHENTICATING Documents created in disclosure, when offered against the delivering party (Tex. R. Civ. Proc. 193.7) !! Must give the gathering 10 day\'s notice of goal to use to permit the declaration of protest!!

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CAUSE NO. 35159 CHARLES T. MERRELL, SR., AS § IN THE DISTRICT COURT WRONGFUL DEATH BENEFICIARY § OF CHARLES THOMAS MERRELL, II § DECEASED, ET AL. § v. § FANNIN COUNTY, TEXAS § WAL-MART STORES, INC. and § WILMA PEARCE § 336TH JUDICIAL DISTRICT NOTICE OF SELF-AUTHENTICATION PURSUANT TO RULE 193.7 OF THE TEXAS RULES OF CIVIL PROCEDURE TO: DEFENDANT/THIRD-PARTY PLAINTIFF, WAL-MART STORES, INC., by and through its lawyers of record, Randall G. Walters, Touchstone, Bernays, Johnston, Beall, Smith & Stollenwerck, llp, 4700 Renaissance Tower, 1201 Elm Street, Dallas, TX 75270-2196. If it\'s not too much trouble pay heed that the reports Wal-Mart Stores, Inc. delivered because of all gatherings\' Request for Production of Documents are validated in accordance with Rule 193.7 of the Texas Rules of Civil Procedure and will be utilized by The Holmes Group, Inc. at any trial or hearing. Deferentially submitted, DOWNS & STANFORD, P.C. BY: ________________________________ Laura D. Schmidt State Bar No. 22142300 2001 Bryan Street, Suite 4000 Dallas, Texas 75201 (214) 748-7900 phone (214) 748-4530 copy COUNSEL FOR DEFENDANT THE HOLMES GROUP, INC.

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ALL OTHER DOCUMENTS (TRE 901) Testimony expected to confirm EX: Photos, penmanship (particularly marks), voice recordings

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EXCEPTION TO HEARSAY

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NOT HEARSAY (TRE 801(e)) Prior court declaration Admission of gathering rival Deposition declaration

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EXCEPTION TO HEARSAY (TRE 803, 804) Present sense impression Statement identified with conclusion Regularly directed movement Public records

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EXCEPTION TO HEARSAY, Con\'t Vital insights Religious associations Marriage, submersion, and so on. Learned treatises

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EXCEPTION TO HEARSAY, Con\'t Interest in property Prior feelings Statement against premium

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MEDICAL Records versus charging Records—utilize 902(10)(b) Billing-utilize 18.001 Tex. Civ. Prac. & Rem. Code

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MEDICAL RECORDS When utilizing 18.001 sworn statements, MUST document with the court no less than 30 days before utilize Opposing gathering has appropriate to dispute, inside 14 days

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MEDICAL RECORDS Practice tips: p : *use 18.001 oath, get records & b charges early * look for DWQ\'s from D , send cross-questions

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NOTICE OF FILING OF AFFIDAVITS UNDER TEXAS CIVIL PRACTICE AND REMEDIES CODE §18.001 TO THE HONORABLE JUDGE OF SAID COURT: Comes now Thompson & Knight Group Insurance Plan, Intervenor in this, and documents its Notice of Filing of Affidavits Under Civil Practice and Remedies Code §18.001 and would demonstrate unto the court as takes after: Notice is thus given to all gatherings that Intervenor has documented with the court the accompanying Affidavits under Civil Practice and Remedies Code §18.001: . Billing Affidavit for Praxair Healthcare, relating to Amanda Marks Hukill; . Billing Affidavit for Dr. Sami E. Constantine, relating to Amanda Marks Hukill; . Billing Affidavit for Digestive Health Associates of Texas, relating to Amanda Marks Hukill; . Billing Affidavit for Dr. Paul T. Freudigman, Jr., relating to Amanda Marks Hukill; . Billing Affidavit for American Radiology Consultants, relating to Amanda Marks Hukill; . Billing Affidavit for Urgent Surgery Associates, relating to Amanda Marks Hukill; . Billing Affidavit for UT Southwestern Medical Center, relating to Amanda Marks Hukill; . Billing Affidavit for Texas Neurosurgery, P.A., relating to Amanda Marks Hukill ; . Billing Affidavit for Dallas Fire Department, relating to Amanda Marks Hukill; . Billing Affidavit for Baylor University Medical Center, relating to Amanda Marks Hukill; . The records joined to said Affidavits are not being documented with the court. On the off chance that any gathering wishes duplicates of the records, then they should be made accessible for review and replicating. The cost of replicating should be conceived by the gathering, gatherings or people who crave duplicates and not by Intervenor. WHEREFORE, PREMISES CONSIDERED, the court and all gatherings are asked for to pay heed to the previous recording of affirmations. Deferentially submitted, DOWNS & STANFORD, P.C. By: _ ___________________________________ Laura D. Schmidt Texas Bar No. 22142300 2001 Bryan Street, Suite 4000 Dallas, Texas 75201 Telephone: (214) 748-7900 Facsimile: (214) 748-4530 ATTORNEYS FOR INTERVENOR

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MEDICAL RECORDS Practice tips: D: * Use records benefit for DWQ\'s * Get records allowable * Get charging unacceptable w/sworn statement

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MEDICAL BILLS "Paid" v. "Brought about" Practice Tips: p : * Cross-inquiries in DWQ * Add to 18.001 oath o or send DWQ on this I issue alone

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MEDICAL BILLS "Paid" v. "Brought about" D : Send DWQ on bills

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MEDICAL EXPENSES - DWQ (Defendant) 1. Did you get any installment for any charges made by your business? Assuming this is the case, who made these installments? 2. What was the aggregate sum of installments you gotten for the charges made by your business? 3. Was Plaintiff a Medicaid persistent? 4. Did you consent to acknowledge Medicaid for installment of administrations and supplies outfitted to Plaintiff? 5. Isn\'t it genuine that when you consented to acknowledge Medicaid, you are required by law to acknowledge the Medicaid charge plan? 6. When you consent to acknowledge Medicaid on a patient, for example, Plaintiff, would it say it isn\'t genuine that you are restricted from looking for any extra repayment from the patient or his/her family?

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HEARSAY ISSUES-MEDICAL RECORDS File contains records from different suppliers Bills contain reference to guarantee source

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POLICE REPORTS—HEARSAY ISSUES Opinion on reason for mischance Witness explanations

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E-MAIL Authenticate If traded, either gathering can affirm If 1-way, get sworn statement of specialist organization

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E-MAIL Deal with gossip Statement against intrigue Party affirmation Present sense impression

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Admission Walk-Through Photo Have set apart as display Show to witness, have distinguish Ask witness when taken Ask in the event that it genuinely & precisely portrays ____ at one point in time Show restricting advice " p offers Exhibit 1 into proof"

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Objections—Photos Blurry, dim, undefined Not legitimately recognized by witness Prejudicial (realistic)

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Admission Walk-Through Business Records (If testimony or DWQ): Have set apart as show " D offers Exhibit 2 into confirmation, which is the records of XYZ, verified by oath/DWQ"

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Business Records, Con\'t. In the event that no oath/DWQ: Have set apart as display Show records to witness Ask observer to distinguish Walk through 902(10)(e) Show reports to restricting advice " p offers the business records of ABC as Exhibit 3."

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OBJECTIONS TO BUSINESS RECORDS Hearsay inside noise Contains data subject to the movement in limine Failure to set up legitimate predicate

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