Skip to main content

Witnesses and Medical Evidence

Tallahassee, FL |

Hi..I have discovery coming up in a month and a trial in 2 months. I am pro se and there is nothing I can do about that. My ex has a lawyer. This is a custody modification proceding. The evidence I need is in medical records, police reports and my childs writings at school. I am hesitant to subpeona the teacher, doctor and officers. I need to prove that a medical emergency occured that involved being marchmen acted, hospitilization for 2 days and lasting injury from the medical and police reports and that my son is expressing negative feelings about the other parent . This is a 50/50 custody case, with me trying for sole. Do I need to subpeona the officers, doctors, and teacher or is there other ways, such as written reports? How and when do I subpeona? Thank you

Attorney Answers 1


Trying to get "sole custody" is an uphill battle and the courts are loath to give a parent exclusive parental responsibility and time-sharing. Be realistic and recognize that unless it would be in the child's best interest not to do so, the court will not give you "sole custody."

That being said, you should subpoena the hospital and medical records, not to mention any police reports. You may need the court to give you permission to subpoena such records. You can subpoena the individual witnesses or you could subpoena the custodian of records. Either could work.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Mark as helpful

1 found this helpful




Thank I should not attempt to produce the record my self. I have them in hand, but understand it may be hearsay. The pretrial order stated to have all discovery available. Do I request a subpeona then, do I request it before? How do I request it because the florida self help forms do not have such forms avaiable online. And do I have the documents delievered to the courthouse?



Also, will they be admitted if the doctor, police officer are not there to testify?

Eric J Trabin

Eric J Trabin


You should provide copies as part of discovery but you are correct that in the actual litigation you won't be able to introduce them. They are hearsay. There are hearsay exceptions. One such exception is the business records exception. The custodian of the records, for the medical records, can have them introduced. There is a predicate to follow and so an attorney is advised although I understand if you are unable to afford one. The records custodian needs to testify that they are the records custodian and that the records present are part of their normal course of business. However, the police report is not admissible under this exception and you will need the actual officer to testify to his/her observations and what they witnessed. You can still have the police report to use to refresh the officer's recollections if they have trouble remembering.



Thank you very much. That clarified things for me

Civil motions topics

Recommended articles about Civil motions

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics