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PARRIS N. GLENDENING, Governor
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Ch. 131
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(i) The District Court; or
(ii) A circuit court if 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.
(c) (1) A writing or record of a health care provider 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 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:
1. Serves notice of the party's intent to introduce the writing
or record without the support of a health care provider's testimony, a list that
identifies each writing or record, and a copy of the writing or record on all other
parties as provided under Maryland Rule 1-321; and
2. Files notice of service and the list that identifies each
writing or record with the court; 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 writing or record of a health care provider without a
health care provider's testimony shall:
(i) Serve a notice of intent, a list that identifies each writing or
record, and a copy of the writing or record at least 30 days before the beginning of the
trial; and
(ii) File notice of service and the list that identifies each writing or
record with the court.
(3) The list required under paragraphs (1) and (2) of this subsection shall
include:
(i) The name of the health care provider for each writing or record;
and
(ii) The date of each writing or record of the health care provider or
each date of treatment by the health care provider.
(d) (1) A writing or record of a health care provider made to document a
medical, dental, or other health condition, a health care provider's opinion, or the
providing of health care is admissible without the support of the testimony of a health
care provider as the maker or the custodian of the writing or record as evidence of the
existence of a medical, dental, or health condition, the opinion, and the necessity and
the providing of health care.
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- 795 -
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