Civil Litigation

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James R. McElroy v. Gaylord C. Perry

25 Fla. Law Weekly D111 (Fla. 2d DCA January 5, 2000).

An independent medical examination report prepared for the purpose of litigation lacks the trustworthiness presumed to be held by business records, and is, therefore, inadmissible under the business records exception.
When a record is made for the purpose of litigation, its trustworthiness is suspect and it should be closely scrutinized. Most of the time, the report of an expert made for the purpose of litigation is not admissible under Section 90.803(6), Florida Statutes. Thus, a trial court may exclude evidence meeting the liberal requirements of the business record exception, where the underlying circumstances indicate a lack of trustworthiness presumed with most business records.

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