Admissibility of Evidence - Exceptions to the Rule Against Hearsay - Business Records - Admission of Hospital bills and Records, Records and Reports of Genetic Marker or DNA tests, and Payment Records
A hospital bill is admissible in evidence and is prima facie evidence of the facts contained, provided it bears a certification by the head of the hospital or by a responsible employee in the controller's or accounting office that the bill is correct, that each of the items was necessarily supplied and that the amount charged is reasonable.[1]
All records, writings, and other things referred to in Civil Practice Law and Rules § 2306 and 2307 are admissible in evidence and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose or by a qualified physician.[2]
Any records or reports relating to the administration and analysis of a genetic marker or DNA test, including records or reports of the costs of such tests, administered pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law are admissible in evidence and are prima facie evidence of the facts contained therein provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or the state or by an employee delegated for that purpose, or by a qualified physician. [3]
A record or report relating to the administration and analysis of a genetic marker test or DNA test certified in accordance with Civil Practice Law and Rules § 4518 (d) and administered pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law is admissible in evidence without the need for foundation testimony or further proof of authenticity or accuracy unless objections to the record or report are made in writing no later than twenty days before a hearing at which the record or report may be introduced into evidence or thirty days after receipt of the test results, whichever is earlier.[4]
Records or reports of support payments and disbursements maintained pursuant to title six-A of article three of the social services law by the department of social services or the fiscal agent under contract to the department for the provision of centralized collection and disbursement functions are admissible in evidence, provided that they bear a certification by an official of a social services district attesting to the accuracy of the content of the record or report of support payments and that in attesting to the accuracy of the record or report such official has received confirmation from the department of social services or the fiscal agent under contract to the department for the provision of centralized collection and disbursement functions pursuant to section 111-h of the social services law that the record or report of support payments reflects the processing of all support payments in the possession of the department or the fiscal agent as of a specified date, and that the document is a record or report of support payments maintained pursuant to title six-A of article three of the social services law. If so certified, the record or report must be admitted into evidence without the need for additional foundation testimony. The records shall be the basis for a permissive inference of the facts contained therein unless the trier of fact finds good cause not to draw such inference.[5]
Any hospital bills or records relating to the costs of pregnancy or birth of a child for whom proceedings to establish paternity, pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law have been or are being undertaken, are admissible in evidence and are prima facie evidence of the facts contained therein, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or the state or by an employee designated for that purpose, or by a qualified physician.[6]
[1] Civil Practice Law and Rules § 4518(b).
[2] Civil Practice Law and Rules § 4518(c).
[3] Civil Practice Law and Rules § 4518(d).
[4] Civil Practice Law and Rules § 4518(e).
[5] Civil Practice Law and Rules § 4518(f).
[6] Civil Practice Law and Rules § 4518(g).
A hospital bill is admissible in evidence and is prima facie evidence of the facts contained, provided it bears a certification by the head of the hospital or by a responsible employee in the controller's or accounting office that the bill is correct, that each of the items was necessarily supplied and that the amount charged is reasonable.[1]
All records, writings, and other things referred to in Civil Practice Law and Rules § 2306 and 2307 are admissible in evidence and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose or by a qualified physician.[2]
Any records or reports relating to the administration and analysis of a genetic marker or DNA test, including records or reports of the costs of such tests, administered pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law are admissible in evidence and are prima facie evidence of the facts contained therein provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or the state or by an employee delegated for that purpose, or by a qualified physician. [3]
A record or report relating to the administration and analysis of a genetic marker test or DNA test certified in accordance with Civil Practice Law and Rules § 4518 (d) and administered pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law is admissible in evidence without the need for foundation testimony or further proof of authenticity or accuracy unless objections to the record or report are made in writing no later than twenty days before a hearing at which the record or report may be introduced into evidence or thirty days after receipt of the test results, whichever is earlier.[4]
Records or reports of support payments and disbursements maintained pursuant to title six-A of article three of the social services law by the department of social services or the fiscal agent under contract to the department for the provision of centralized collection and disbursement functions are admissible in evidence, provided that they bear a certification by an official of a social services district attesting to the accuracy of the content of the record or report of support payments and that in attesting to the accuracy of the record or report such official has received confirmation from the department of social services or the fiscal agent under contract to the department for the provision of centralized collection and disbursement functions pursuant to section 111-h of the social services law that the record or report of support payments reflects the processing of all support payments in the possession of the department or the fiscal agent as of a specified date, and that the document is a record or report of support payments maintained pursuant to title six-A of article three of the social services law. If so certified, the record or report must be admitted into evidence without the need for additional foundation testimony. The records shall be the basis for a permissive inference of the facts contained therein unless the trier of fact finds good cause not to draw such inference.[5]
Any hospital bills or records relating to the costs of pregnancy or birth of a child for whom proceedings to establish paternity, pursuant to sections 418 and 532 of the family court act or section 111-k of the social services law have been or are being undertaken, are admissible in evidence and are prima facie evidence of the facts contained therein, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or the state or by an employee designated for that purpose, or by a qualified physician.[6]
[1] Civil Practice Law and Rules § 4518(b).
[2] Civil Practice Law and Rules § 4518(c).
[3] Civil Practice Law and Rules § 4518(d).
[4] Civil Practice Law and Rules § 4518(e).
[5] Civil Practice Law and Rules § 4518(f).
[6] Civil Practice Law and Rules § 4518(g).
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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