In a Maryland personal injury case there is a difference between getting your medical records and bills into evidence in the District Court versus the procedure for getting your medical records into evidence in the Circuit Court.
You will need to review Maryland rule 5–902(a)(11) and 5–803 (b)(6)are the rules on point. As well it is advisable to review the case of the State of Maryland versus Bryant 743 Ad 2nd 814(2000). You have two ways to get your records into evidence in the Circuit Court one is by live testimony in which event the records custodian would offer evidence regarding the four requirements of Maryland rule 5–803 (b)(6) wherein the records custodian (*) certifies under oath
(A) the record was made at or near the time of the occurrence of the matters set forth and was generated by a person with personal knowledge of those matters,
B) the record is made and kept in the course of the regularly conducted business activity, and
(C) the record was made and kept by the regularly conducted business activities as a regular practice.
You can also seek to have the records admitted into evidence under 5–902(a)(11). This rule is designed to promote judicial economy by eliminating the need for foundational witnesses regarding evidence that is likely to be authentic by extrinsic evidence. Under this method records are produced at trial containing a certificate from the records custodian attesting under oath to the three requirements above A, B, C. Is important that the custodian certificate be a written declaration under oath subject to the penalty of perjury. I did not see any regulation requiring that the custodian certification be an original signature or that it be notarized.
If you have questions regarding any matter of litigation involving a personal injury case in Maryland please feel free to call me as I'm happy to answer your questions over the phone at no cost to you. 1-888-760-7339
