Can I admit my doctor's note as evidence in a child support objection trial under Rule 803(4)?
15
4
Federal Rule of Evidence 803(4) may allow your doctor’s note into evidence despite a hearsay objection — but only if certain conditions are met.
This rule permits statements made for medical diagnosis or treatment describing:
- Medical history
- Past or present symptoms or sensations
- Their inception or general cause
- As long as they are reasonably pertinent to diagnosis or treatment.
So, if:
- The note was created during a medical evaluation,
- Describes your symptoms, limitations, or diagnosis, and
- The work restriction is part of your treatment plan or medical advice,
Then yes, it may qualify under 803(4) and be admissible despite hearsay.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
I am pro se Respondent in a child support objection trial. I have a doctor’s note restricting my work hours to 40 per week. I want to admit it into evidence as an exhibit. Opposing counsel will likely use a hearsay objection. Will Rule 803(4) overrule the objection?
I understand the importance of admitting your doctor’s note into evidence. Have you consulted with a family lawyer regarding the hearsay objection and Rule 803(4)?
No.
Can you provide more details about how the doctor’s note is relevant to your child support objection trial?
I’ve worked between 50–60 hours per week for years. I have Morton’s neuroma in my foot, and as a mailman, I walk 12–14 miles per day. The doctor is limiting my walking hours to see if this will help my pain before referring me to a specialist.
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your child support objection.
No.
Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help. I’m live with you today.
Is it a signed doctor’s note you are seeking to admit into evidence to prove your medical condition, which inhibits the number of hours you can work per week?
Will the doctor be testifying at the trial?
Yes and no.
Federal Rule of Evidence 803(4) may allow your doctor’s note into evidence despite a hearsay objection — but only if certain conditions are met.
This rule permits statements made for medical diagnosis or treatment describing:
- Medical history
- Past or present symptoms or sensations
- Their inception or general cause
- As long as they are reasonably pertinent to diagnosis or treatment.
So, if:
- The note was created during a medical evaluation,
- Describes your symptoms, limitations, or diagnosis, and
- The work restriction is part of your treatment plan or medical advice,
Then yes, it may qualify under 803(4) and be admissible despite hearsay.
Ok, it is pretty vague due to HIPAA laws since it was written for my employer — just says I have a restriction due to medical reasons.
So long as it describes symptoms or limitations, and it appears to be medical in nature, it should still be admissible under 803(4).
The doctor’s note does provide limitations, though.
The judge has to decide on admissibility, but you have a good argument for its inclusion under Rule 803(4).
Excellent, thank you!
