2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 10-105 - Admissibility of bills for goods or services


MD Cts & Jud Pro Code § 10-105 (2013) What's This?

§10-105.

(a) The provisions of this section apply to a civil action in:

(1) The District Court; or

(2) A circuit court if the amount in controversy in the action in the circuit court does not exceed the amount specified in § 4-401 of this article for that type of action.

(b) (1) (i) Subject to the provisions of this section, a paid bill for goods or services is admissible without the testimony of the provider of the goods or services as evidence of the authenticity of the bill for goods or services provided and the fairness and reasonableness of the charges of the provider of the goods or services.

(ii) A finder of fact may attach whatever weight to a paid bill that the finder of fact deems appropriate.

(2) The bill shall be admitted on testimony, by the party or any other person with personal knowledge:

(i) Identifying the original bill or an authenticated copy; and

(ii) 1. Identifying the provider of the goods or services;

2. Explaining the circumstances surrounding the receipt of the bill;

3. Describing the goods or services provided;

4. Stating that the goods or services were provided in connection with the event giving rise to the action; and

5. Stating that the bill was paid.

(c) (1) Subsection (b) of this section applies only if, at least 60 days before the beginning of the trial, the party who intends to introduce the bill:

(i) Serves notice of the party’s intent to introduce the bill without the support of the testimony of the provider of the goods or services that were billed, a list that identifies each bill, and a copy of the bill on all other parties as provided under Maryland Rule 1-321; and

(ii) Files notice of service and the list that identifies each bill with the court.

(2) The list required under paragraph (1) of this subsection shall include:

(i) The name of the provider of the goods and services for each bill; and

(ii) The date of each bill of the provider of the goods and services.

(d) Nothing contained in this section may be construed to:

(1) Apply to proof of the existence of a medical, dental, or other health condition, the opinion of a health care provider, or the necessity and the providing of medical, dental, or other health care;

(2) Limit the provisions of § 10-104 of this subtitle concerning the admissibility of a medical, dental, hospital, or other health care writing or record; or

(3) Limit the right of a party to:

(i) Request a summons to compel the attendance of a witness;

(ii) Examine a witness who appears at trial; or

(iii) Engage in discovery as provided under the Maryland Rules.

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