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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33928
Experience:  Began practicing Family Law in 1992
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Representing pro se: if no objection is made to my Joint

Customer Question

representing pro se: if no objection is made to my Joint Trial Memorandum, is counsel precluded from objecting later and waive his wright to object?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
can medicare statements be entered as evidence without certification
Customer: replied 2 years ago.
are government. statements issued in due course of business "self authenticating"
Expert:  JD 1992 replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

We're only supposed to answer one question per thread. However, if your second and third are actually the same question then I'd be willing to go ahead and assist since the answer to the first question is pretty simple. Are the medicare statements and the government statements the same thing?

Customer: replied 2 years ago.
No; one is a certified copy of the hospital charges from their billing dept and the other concerns the charges identified as associated with the incident and recognized by Medicare (Government agency) which will not certify.
Expert:  JD 1992 replied 2 years ago.

Technically we're not supposed to answer this many but it's a little slow and the answers are pretty short so I'll go ahead and we'll just mark it down to "customer satisfaction" if the website asks.

On the first issue regarding objections, it's not an automatic preclusion from objecting later. There is no state wide rule on this issue so it is up to the local court but a judge can always allow an objection at a later point if they choose to do so.

Medicare statements are hearsay and thus not admissible without something to prove them up.

The hospital charges are also hearsay and are not admissible without proving them up. These can be done through a deposition, a deposition on written questions, or a medical records affidavit pursuant to Texas Civil Practice and Remedies Code Sec. 18.001

Customer: replied 2 years ago.
Last question: since medicare statements aren't certified by the Govt, for purposes of being introduced as evidence, can they be exhibited for information either under the self authenticating rule or Government documents exemption as a presumptly genuine rule>
Expert:  JD 1992 replied 2 years ago.

No, Medicare statements aren't self authenticating and are, in fact, often considered "double hearsay" since they contain information both from Medicare and from the medical provider. I assume by "government document" you mean the public records exception and they don't meet that definition either.

Customer: replied 2 years ago.
how do I get medicare statements introduced if I can't get an affidavit from the Govt?
Expert:  JD 1992 replied 2 years ago.

What is the reason for introducing them? What are you trying to prove?

Customer: replied 2 years ago.
charges were made by a variety of medical services for which they paid; all to verify the cost for a defibulator replacement and whether the insurance company pays the balance. what good is the statement than if it isn't authentic?
Expert:  JD 1992 replied 2 years ago.

It's not designed to be entered into evidence. The cost of the equipment can be proven by a deposition or an medical records/charges affidavit from the provider. I've been involved in hundreds if not thousands of cases involving medical equipment and Medicare and never found it necessary or seen anyone else find it necessary to enter a Medicate statement into evidence.