Report Title:

Evidence; Paid Bills Admissible

 

Description:

Provides that in civil proceedings, a paid bill for goods or services is admissible to prove, without the testimony of the provider of the goods or services, that the bill is authentic and that charges of the provider are fair and reasonable. (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1115

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE ADMISSIBILITY OF PAID BILLS IN COURT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to provide that in civil proceedings, on testimony by a party or certain other person, a paid bill for goods or services provided is admissible to prove, without the testimony of the provider of the goods or services, that the bill is authentic, and that the charges of the provider are fair, reasonable, and appropriate.

SECTION 2. Chapter 622, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   . BILL FOR GOODS OR SERVICES

§622-   Bill for goods, services; admissibility. (a) Subject to this part, a bill for goods or services that has been paid:

(1) Is presumed to be authentic;

(2) Is presumed to embody fair and reasonable charges for the itemized goods or services; and

(3) May be admitted into evidence without the testimony of the provider of the goods or services under this section.

Upon introduction, the bill shall be deemed prima facie evidence and authentic. No further showing need be made.

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

(1) Identifying the original bill or an authenticated copy;

(2) Identifying the provider of the goods or services;

(3) Explaining the circumstances surrounding the receipt of the bill;

(4) Describing the goods or services provided;

(5) Stating that the goods or services were provided in connection with the event giving rise to the action; and

(6) Stating that the bill was paid.

(c) Subsections (a) and (b) apply only if, at least sixty days before the beginning of a trial, the party who intends to introduce the bill files with the clerk of the court and serves on all other parties as provided in this subsection:

(1) 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; and

(2) A copy of the bill.

(d) Nothing in this section shall 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 of providing medical, dental, or other health care; or

(2) Limit the right of a party to:

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

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

(C) Engage in discovery, as provided by law."

SECTION 3. This Act shall take effect on January 1, 2002.