Austin, TX asked in Family Law for Florida

Q: Can my ex present medical records in a family court hearing without the doctor who wrote them to authentic them?

I'm representing myself. He has a high priced lawyer. He is in contempt for violating a court order which says that he has to cooperate in exams etc., to get life insurance written on his life. He claims a medical reason for not cooperating. He hasn't seen a doctor since 2021 for this alleged medical problem, yet wants to be able to use these records. I'm a former court reporter, now disabled. My recollection is that he can't do this.

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1 Lawyer Answer
Rand Scott Lieber
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  • Hollywood, FL
  • Licensed in Florida

A: This can be a complicated evidentiary issue. He can testify about anything that he has personal knowledge of. As far as the actual paper records go he would need a records custodian and he would need to establish that they are business records. Medical records frequently contain hearsay, another legal objection to the records. This is not a simple issue so speak with a local family lawyer for more specific advice.

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