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MHLD Regional Coordinator Training: DISCUSSION ON THE P.R. DECISION AND THE MEDICAL RECORDS EXCEPTION TO THE HEARSAY RULE
January 27 @ 10:00 am - 12:00 pm
Barnstable, Plymouth, and Bristol Counties Regional Coordinator Virtual Training Via Zoom January 27, 2023 (10AM to 12PM)
Please note that this session is limited to 30 participants from Barnstable, Plymouth, and Bristol County. Will open to all counties if space is available.
2 MH and MH Appellate CLE Credits
TWO HOUR PRESENTATION AND DISCUSSION ON THE P.R. DECISION AND THE MEDICAL RECORDS EXCEPTION TO THE HEARSAY RULE
Attorneys Joan LeGraw and Mike O’Brien will give a presentation on the P.R. decision, its history, and the impact on permissible expert testimony. The second part of the presentation will review the medical records exception to the rule against hearsay . We will review the Bouchie decision and its progeny and discuss how the caselaw provides a roadmap for counsel to analyze the admissibility of medical records. Following the presentation there will be an opportunity for audience questions or comments. We will take a five-minute break before the start of the second hour.
In the second hour we will have an open discussion about:
- The various methods utilized by petitioner’s counsel to get their expert to testify to hearsay evidence when the records are not in evidence.
- Necessary pre-trial discussions with petitioner’s counsel.
- What it means to “open the door” on cross-examination and how to avoid it.
- The importance of objections and preserving the record.
- The “Pellegrini “and other court practices/methods regarding the admission of medical records.
The audience should be prepared to actively participate in this discussion by contributing examples from their practice including questions/concerns about what is occurring in their cases.
If you sign up and later discover that you cannot attend, please let us know so we can admit someone off the wait list. Please contact Mike or Joan with questions.
Joan LeGraw: email@example.com or
Mike O’Brien: firstname.lastname@example.org