Legal Question in Family Law in Florida

Re: Medical Records as evidence

As a general rule, medical records are hearsay, so they are not admissible as evidence. One exception to the hearsay rule often used for medical records is the "business records" exception. This exception allows the records to be entered into evidence. To use this exception, you must subpoena the "records custodian," i.e., someone from the hospital, clinic, doctor's office, etc., to testify to certain things. These things include that the records are commonly kept by the business as a practice, that the person subpoenaed normally keeps the records, that it's normal in the course of business to keep such records, etc.

So, typically, yes, you would subpoena someone to come to court to "authenticate" the records. However, it's common to "stipulate to records custodians" in family law cases, so, if the other side agrees, you may not need to subpoena someone to testify in court about the records.

Also, the records may be subject to other objections, such as HIPAA violations, psychotherapist-patient privilege, other hearsay objections, etc., that may prevent the records from being entered into evidence even if the other side agrees that no records person is required in court.

If all this sounds complex, it is. Evidence class is one of the most complex in law school, and custody trials are considered particularly difficult for family lawyers. No one should conduct a custody trial without a lawyer. It's just too complex, and too much (a child's future) is at stake.