Joe handed book to the court clerk, who gave it to the judge. "My Lord," Joe said, "I wish to have the medical opinion of Dr. Lena Hobbes admitted in to evidence. Dr. Hobbes is an orthopedic surgeon. Her opinion will explain avascular necrosis in the scaphoid bone and the impairment it causes the plaintiff. She is here for cross examination as requested."

The judge looked down at the defence lawyer. "Ms. Richards, do you have any objection to the opinion of Dr. Hobbes being admitted in to evidence?" "Yes I do my Lord," she answered. "I told Mr. Ross that I would be objecting to this report being seen by the jury. I say that Dr. Hobbes is acting more like a lawyer than an expert."

"Very well," said the judge. "Ladies and gentlemen of the jury," said the judge. "I will excuse you while I hear from the lawyers as to whether you can see Dr. Hobbes' report. If I agree with Ms. Richards then you may not see Dr. Hobbes' report and you may not hear her testify."

During the break Jean spoke. "Joe, what is this?" she asked nervously. "Is there a chance that Dr. Hobbes will not be allowed to testify?" Joe smiled at her. "Relax Jean," he replied. Ms. Richards is worried about the Hobbes report. She doesn't want the jury to hear that there is a piece of dead bone in your hand. It makes sense for her to try and keep the report out."

"What will she say to the judge?" asked Jean. "What is more important is what we will say to him," Joe replied. "A medical opinion is hearsay evidence. To be admitted we must convince the judge that the doctor is qualified to say what she does. As an orthopedic surgeon Dr. Hobbes is clearly qualified to give an opinion as to an injury to the bone in your hand."

Joe continued. "The judge must be sure that Dr. Hobbes relied on the correct facts to support her opinion." "What if the judge does not believe her?" Jean asked. "He does not have to believe her," Joe said. The judge decides whether the opinion is admissible under the law of evidence. He will decide that now, in the voir dire hearing. When he admits the report the jury will hear her testimony on cross examination and will see her report. I will have to convince the jury that her opinion is correct."

Jean looked down. "It so complicated," she said. "It's overwhelming me." Joe smiled at her. "This is what we do. We are telling your story. We have to break the story up in to parts and know who will testify in each part. If we know the law that applies to each piece of evidence then the trial process becomes much more manageable."

Organization is a key to success at trial. At Horne Marr Zak we focus our attention on personal injury law. We understand the way in which injuries can take affect peoples' lives. This understanding helps us to organize the trial and ensure that all parts of our client's case is presented in evidence for the members of the jury to consider.