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Session Laws, 1986
Volume 768, Page 2357   View pdf image
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HARRY HUGHES, Governor

2357

CERTIFICATE OF A QUALIFIED EXPERT IS NOT REQUIRED UNDER THIS
SUBSECTION.

(3)  THE ATTORNEY REPRESENTING EACH PARTY, OR THE
PARTY PROCEEDING PRO SE, SHALL FILE THE APPROPRIATE CERTIFICATE
WITH A REPORT OF THE ATTESTING EXPERT ATTACHED. DISCOVERY IS
AVAILABLE AS TO THE BASIS OF THE CERTIFICATE.

(4) THE ATTESTING EXPERT MAY NOT RECEIVE MORE THAN 50
PERCENT OF THE EXPERT'S INCOME FROM TESTIMONY AND OTHER ACTIVITY
RELATED TO PERSONAL INJURY CLAIMS.

(4) THE ATTESTING EXPERT MAY NOT DEVOTE ANNUALLY MORE
THAN 20 PERCENT OF THE EXPERT'S PROFESSIONAL ACTIVITIES TO
ACTIVITIES THAT DIRECTLY INVOLVE TESTIMONY IN PERSONAL INJURY
CLAIMS.

(5)  AN EXTENSION OF THE TIME ALLOWED FOR FILING A
CERTIFICATE OF A QUALIFIED EXPERT UNDER THIS SUBSECTION MAY BE
GRANTED FOR GOOD CAUSE SHOWN.

[(b)] (C) (1) Within 20 days after the time for filing a
response, the Director shall deliver to each party the names of
[five] 6 persons chosen at random from the attorney categorical
list prepared by him pursuant to § 3-2A-03(c), together with a
brief biographical statement as to each of [the 5] THESE
persons. THE BIOGRAPHICAL STATEMENTS OF ALL PROSPECTIVE PANEL
MEMBERS SHALL BE UPDATED ANNUALLY. If the claim or the response
states that the matter fails within one or more recognized
specialities, the Director, if practicable, shall include persons
in the specialty on the list from the health care provider
category.

(2) No later than 20 days after receiving notice of
the scheduling of the prehearing conference, the Director shall
deliver to each party the names of [five] 6 persons chosen at
random from each of the remaining categorical lists prepared by
him pursuant to § 3-2A-03(c), together with a brief biographical
statement as to each of [the ten] THESE persons. THE BIOGRAPHICAL
STATEMENTS OF ALL PROSPECTIVE PANEL MEMBERS SHALL BE UPDATED
ANNUALLY. IF THE CLAIM OR THE RESPONSE STATES THAT THE MATTER
FALLS WITHIN ONE OR MORE RECOGNIZED SPECIALTIES, THE DIRECTOR, IF
PRACTICABLE, SHALL INCLUDE PERSONS IN THE SPECIALTY ON THE LIST
FROM THE HEALTH CARE PROVIDER CATEGORY. Before delivering each
list, the Director shall inquire of the persons selected and
assure himself that they do not have a personal or economic
relationship with any of the parties OR THEIR COUNSEL, OR ANY
CASES IN WHICH THEY ARE A PARTY BEFORE THE ARBITRATION OFFICE,
that can form the basis of any partiality on their part. If, in
the judgment of the Director, a person selected has such a
relationship with a party, his name shall be replaced by another
chosen at random.

 

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Session Laws, 1986
Volume 768, Page 2357   View pdf image
 Jump to  
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