Legal Question in Civil Litigation in Massachusetts
Use of records admitted in one case in a related case (same parties)
(medical) Records were previously admitted as evidence at the trial of a divorce; the same parties are now involved in a custody battle that is technically a seperate matter; looking for something that says that the previously admitted records can be admitted again where the parties and the general matter remains the same. I tried searching Fed. and MA G. L. without sucsess. Something that says that evidence that has been admitted in a criminal case can be re-introduced in a related civil matter would do.
3 Answers from Attorneys
Re: Use of records admitted in one case in a related case (same parties)
What makes you suspect there will be some objection
to their introduction in this case? On what grounds
would the opposing party object? Are those grounds
valid?
There's no automatic admissibility. What are you
trying to prove by introducing the medical
the records? I haven't a clue. Whose records are
they and what do they show? That your spouse
is about to die? Has venereal diseases contracted
outside the marriage? That the kids were neglected
or abused?
What city do you live in? Why are you representing
yourself? Is there a lawyer on the other side?
Re: Use of records admitted in one case in a related case (same parties)
Your attorney should be able to handle this for you. You cannot afford NOT to have an attorney, unless you do not care about the outcome.
Evidence is admitted, or not, based upon a well established set of criteria that lawyers understand. It is like asking a golfer to explain how they swing a club to hit a golf ball. Good lawyers are trained to know how to introduce evidence. Just because it was introduced before, does NOT mean it is automatically admitted at another procedure. To start with, it must be relevant to some issue to be decided, and if it is not, it will not be admitted. Talk to your lawyer. If you do not have a lawyer, get one, FAST!!
Re: Use of records admitted in one case in a related case (same parties)
Of course they can be used, but you must give the opposing party notice under section 79G and be sure to attach a copy of the records you intend to use at trial. Whoever your attorney is should know this. If he/she doesn't, switch.
Barbara C. Johnson, 978-474-0833, http://falseallegations.com
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