Rule 39
Admissibility of Certain Documents at Trial
The documents listed below, if relevant, are presumed admissible at the
trial, but only if: (1) the party offering the document serves on all
parties at least 14 days prior to the trial date a notice, accompanied by a
copy of the document and the name, address, and telephone number of its author
or maker; and (2) the party offering the document similarly furnishes all other
parties with copies of all other related documents from the same author or
maker. This Rule does not restrict argument or proof related to the weight of
evidence admitted, nor does it restrict the Court's authority to determine the
weight of the evidence after hearing all of the evidence and the arguments of
opposing parties.
Any other party may subpoena the author or maker of a document admissible
under this Rule, at the party's expense, and examine the author or maker as if
under cross-examination. The documents presumed admissible under this Rule are:
(a) A bill, report, chart or record of a hospital, doctor, dentist,
registered nurse, licensed practical nurse, physical therapist, psychologist or
other health care provider, on a letterhead or billhead;
(b) A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead;
(c) A bill, or an estimate of property damage on a letterhead or
billhead. In the case of an estimate, the party intending to offer the
estimate shall forward with the notice to the adverse party a statement
indicating whether or not the property was repaired, and if it was, whether the
estimated repairs were made in full or in part, attaching a copy to the
receipted bill showing the items or repair and the amount paid;
(d) A police, weather, wage lost, or traffic signal report, or standard
United States government life expectancy table to the extent it is admissible
under the Rules of Evidence, but without the need for formal proof of
authentication or identification;
(e) A photograph, x-ray, drawing, map, blueprint, or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;
(f) A document not specifically covered by any of the foregoing
provisions by having equivalent circumstantial guarantees of trustworthiness,
the admission of which would serve the interest of justice.
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