Art. 1475.Affidavit For Medical Cost; Counter Affidavit; Service

Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Enacted 1997 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 1475 lets a party prove a medical bill is authentic through a sworn affidavit alone, without live testimony, unless the other side files a timely counter affidavit from someone qualified to dispute it, with the losing side at that hearing paying the costs.

Full Text of Art. 1475

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(1) Unless a controverting affidavit is filed as provided for in this Article, an affidavit establishing medical services and costs shall be sufficient evidence to support a finding of fact by a judge or jury that the bill is authentic.

(2) The affidavit shall be made either by the person who provided the medical service or by the official custodian in charge of the medical records. The affidavit shall be accompanied by an itemized statement which shall set forth with specificity the medical service provided and the corresponding charge.

(3) The party submitting the affidavit in evidence shall file the affidavit with the clerk of court and serve a copy of the affidavit on other parties and all persons affected thereby at least thirty days before the trial.

(1) Any party intending to contravene the affidavit shall file a counter affidavit with the clerk of court and serve a copy of the counter affidavit on the other party or party's attorney of record not later than fifteen days after receipt of a copy of the affidavit and at least ten days before the trial or at any time before the trial with leave of court.

(2) The counter affidavit shall establish a reasonable basis on which the party intends to controvert the claim set forth in the initial affidavit and shall be made by a person who is qualified either by knowledge, skill, experience, training, or education, to testify in contravention of all or part of any matters contained in the initial affidavit.

C. If a counter affidavit is filed, and after opportunity for hearing, a party who fails to establish to the court's satisfaction that the medical statements are not authentic shall be required to pay to the initial affiant all costs and expenses incurred as a result of the hearing. The court may waive assessment of costs and expenses if it finds that the counter affidavit was substantially justified or that other circumstances make an award of expenses unjust.

End

Amendment History

Acts 1997, No. 72, §1.

Plain-English Summary

Proving a medical bill is genuine can otherwise mean calling a records custodian just to authenticate paperwork. Article 1475 offers a shortcut: an affidavit from the person who provided the medical service, or from the official custodian of the records, accompanied by an itemized statement specifying each service and its charge, is sufficient by itself to support a finding that the bill is authentic -- as long as it's filed with the clerk and served on the other parties at least thirty days before trial.

A party who wants to dispute the bill has to act within a tight window: a counter affidavit, filed with the clerk and served no later than fifteen days after receiving the initial affidavit and at least ten days before trial (or later, with the court's leave). That counter affidavit isn't a bare denial -- it has to establish a reasonable basis for disputing the bill, and it has to come from someone qualified by knowledge, skill, experience, training, or education to testify against what the initial affidavit says.

When a counter affidavit is filed, the dispute goes to a hearing, and the outcome carries a cost consequence. A party who fails to convince the court that the medical statements aren't authentic generally has to pay the initial affiant's costs and expenses from that hearing -- though the court can waive that if it finds the challenge was substantially justified or an award would be unjust.

Frequently Asked Questions

Do I need live testimony just to prove a medical bill is real?

No. A properly itemized affidavit from the provider or the official records custodian, filed and served on time, is sufficient by itself unless the other side files a counter affidavit.

How do I challenge a medical cost affidavit?

File and serve a counter affidavit from someone qualified to dispute the bill, within the article's deadlines -- generally within fifteen days of receiving the initial affidavit and at least ten days before trial.

What happens if I challenge the affidavit and lose at the hearing?

You generally have to pay the initial affiant's costs and expenses from the hearing, unless the court finds your challenge was substantially justified or an award would be unjust.

How far before trial does the initial affidavit have to be served?

At least thirty days before trial.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

Also known as: medical cost affidavitcounter affidavit medical billmedical bill authenticity affidavititemized medical statementArticle 1475 Louisiana