[WSBARP] Off Topic Question

[Eric Nelsen]

I think so on evidentiary basis-lack of foundation. Who is going to testify from personal knowledge as to the authenticity and completeness and true source of the records, or otherwise satisfy the authenticity requirements of ER 901? I assume the "third party" is not the records custodian, and I don't think having documents handed to you from an office is sufficient "personal knowledge" to authenticate. Also there are the typical hearsay objections to the contents of the records (though for medical records that is limited by scope of ER 803(a)(4)).

Note that if they use the pre-trial admissibility notice procedure under ER 904, it will be important to object to authenticity, hearsay, etc. in response, but the stakes go up because related fees and costs can be imposed if there's no reasonable basis to object to authenticity. See ER 904(c)(1).

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, January 28, 2022 11:51 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Off Topic Question

Unrelated Third party obtains medical records from patient's doctor.  Forgetting the HIPPA issue with the medical provider, can't the patient object to them being used in a court proceeding?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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