Ch. 443 1997 LAWS OF MARYLAND

Article - Courts and Judicial Proceedings

10-104.

(a) (1) The provisions of this section apply only to a proceeding in the District
Court OR A CIRCUIT COURT for a claim for:

(1) (I) Damages for personal injury;

(2) (II) Medical, hospital, or disability benefits under Article 48A, § 539 of

the Code;

(3) (III) First party motor vehicle medical payments under Article 48A, §
541 of the Code; and

(4) (IV) First party health insurance benefits.

(2) SUBJECT TO THE PROVISIONS OF PARAGRAPH m OF THIS
SUBSECTION, THE PROVISIONS OF THIS SECTION APPLY TO A PROCEEDING IN:

(I) THE DISTRICT COURT: OR

(II) A CIRCUIT COURT IF:

1. THE CASE WAS ORIGINALLY FILED IN THE DISTRICT

COURT;

2. THE CASE WAS TRANSFERRED FROM THE DISTRICT
COURT TO A CIRCUIT COURT; AND

3. THE AMOUNT IN CONTROVERSY IN THE ACTION IN THE
CIRCUIT COURT DOES NOT EXCEED THE AMOUNT SPECIFIED IN § 4-401 OF THIS
ARTICLE FOR THAT TYPE OF ACTION.

(b) (1) A medical, dental, [or] hospital, OR OTHER HEALTH CARE writing
or record described in this section is admissible under this section if:

(i) The writing or record is offered in the trial of a civil action in the
District Court OR A CIRCUIT COURT;

(ii) At least 30 60 days, except as provided in paragraph (2) of this
subsection, before the beginning of the trial, the party who intends to introduce the
writing or record files with the clerk of the [District Court] COURT and serves on all
other parties as provided under Maryland Rule 1-321:

1. Notice of the party's intent to introduce the writing or record
without the support of a physician's, dentist's, [or] hospital employee's, OR OTHER
HEALTH CARE PROVIDER'S testimony; and

2. A copy of the writing or record; and

(iii) The writing or record is otherwise admissible.

(2) A party, who receives a notice under paragraph (1) of this subsection
and intends to introduce another medical, dental, [or] hospital, OR OTHER HEALTH

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