Where deposition has not been taken from pro se plaintiff’s doctor by defendant’s attorney and where the certified medical records were obtained by subpoena and doctor does not show up in court to testify, can the certified records be used as evidence? Must the pro se read the record out loud to court and jury and then submit the record to the court as evidence.
The records can be used as evidence but that may not be enough. Depending on what your injury is you may need expert medical testimony to establish causation and permanency. Handling a personal injury case without a lawyer is very hard to do. Have you tried to get a lawyer? If NO, I suggest you try.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at [email protected] I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Under CPLR section 3122-a, you must serve notice of your intent to use the certified records at least 30 days before trial in the manner set forth in the statute. It would be wise to consult with an attorney.
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May be an issue of a missing witness charge. I agree with the prior responders that going pro se in a personal injury case is not a wise choice. Find an experienced personal injury lawyer to assist you. Trials are not a place for a novice to learn the law, it takes years of practice to be a good trial lawyer. Records can not speak in a case. Need to prove causation , damages and liability.
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More facts are needed to know what this is about. A local attorney should really be retained, as going about this without a lawyer is a recipe for disaster.
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