New Rule 902(10)(c) - Affidavit for Medical Expenses

Yesterday (March 1) new Rule 902(10(c) of the Texas Rules of Evidence came into effect. This rule sets out an additional hearsay exception by allowing for proof of medical services by affidavit.

The new rule reads:

(c) Medical expenses affidavit. A party may make prima facie proof of medical expenses by affidavit that substantially complies with the following form: 

[case style]

Affidavit of Records Custodian of ________

STATE OF TEXAS

COUNTY OF ________

Before me, the undersigned authority, personally appeared ________, who, being by me duly sworn, deposed as follows:

My name is ________, I am of sound mind and capable of making this affidavit, and personally acquainted with the facts herein stated.

I am a custodian of records for ________. Attached to this affidavit are records that provide an itemized statement of the service and the charge for the service that ________ provided to ________ on ________. The attached records are a part of this affidavit.

The attached records are kept by ________ in the regular course of business, and it was the regular course of business of ________ for an employee or representative of ________, with knowledge of the service provided, to make the record or to transmit information to be included in the record. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a duplicate of the original.

The services provided were necessary and the amount charged for the services was reasonable at the time and place that the services were provided.

The total amount paid for the services was $________ and the amount currently unpaid but which ________ has a right to be paid after any adjustments or credits is $________.

________

Affiant

SWORN TO AND SUBSCRIBED before me on the ____ day of ____, ____.

________

Notary Public, State of Texas

Notary's printed name: ________ My commission expires: ________

The new rule has been added to Texas Rules of Evidence.