2362

LAWS OF MARYLAND

Ch. 640

shall vacate the award, and trial of the case shall proceed as if
there had been no award.

(d) Unless vacated by the court pursuant to subsection (c),
the arbitration award is admissible as evidence in the judicial
proceeding. The award shall be presumed to be correct, and the
burden is on the party rejecting it to prove that it is not
correct.

(E) (1) DEPOSITIONS TAKEN IN THE ARBITRATION PROCEEDINGS
SHALL BE AS FULLY ADMISSIBLE AS IF NOTICED IN COURT PROCEEDINGS.
INTERROGATORIES AND REQUESTS FOR ADMISSIONS AND PRODUCTION OF
DOCUMENTS IN THE ARBITRATION PROCEEDINGS REMAIN BINDING IN THE
COURT PROCEEDINGS, SUBJECT TO A DUTY OF SUPPLEMENTATION.

(2) THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION DO NOT AFFECT ANY RIGHTS TO DISCOVERY ON APPEAL.

[(e)] (F) If the verdict of the trier of fact is not more
favorable to the party that rejected the arbitration panel's
award, than was the award, the costs of the judicial proceedings
shall be assessed against the rejecting party. Otherwise, the
court may determine the assessment of such costs.

[(f)] (G) Venue shall be determined in accordance with the
provisions of § 6-201 of this article.

[(g)] (H) The clerk of the court shall file a copy of the
verdict OR ANY OTHER FINAL DISPOSITION with the Director.

3-2A-07.

(A)  IF THE ARBITRATION PANEL FINDS THAT THE CONDUCT OF ANY
PARTY IN MAINTAINING OR DEFENDING ANY ACTION IS IN BAD FAITH OR
WITHOUT SUBSTANTIAL JUSTIFICATION, THE PANEL MAY REQUIRE THE
OFFENDING PARTY, THE ATTORNEY ADVISING THE CONDUCT, OR BOTH, TO
PAY TO THE ADVERSE PARTY THE COSTS OF THE PROCEEDING AND
REASONABLE EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES,
INCURRED BY THE ADVERSE PARTY IN OPPOSING IT. A DETERMINATION
MADE UNDER THE SUBSECTION SHALL BECOME PART OF THE PANEL AWARD
AND SUBJECT TO JUDICIAL REVIEW.

(B)  If a legal fee is in dispute, an attorney may not
charge or collect compensation for services rendered in
connection with an arbitration claim unless it is approved by the
arbitration panel, or by the court in the event [a rejection of]
AN ACTION TO NULLIFY a panel determination has been filed
therein.

SECTION 2. AND BE IT FURTHER ENACTED, Except as otherwise
provided, the provisions in this Act shall apply to all cases
open in the Health Claims Arbitration Office as of the effective
date of this Act.