WILLIAM DONALD SCHAEFER, Governor                   Ch. 160

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.

(f)  Upon timely request, the trier of fact shall by special
verdict or specific findings itemize by category and amount any
damages assessed for incurred medical expenses, rehabilitation
costs, and loss of earnings. Damages assessed for any future
expenses, costs, and losses shall be itemized separately. If the
verdict or findings include any amount for such expenses, costs,
and losses, a party filing a motion for a new trial may object to
the damages as excessive on the ground that the claimant has been
or will be paid, reimbursed, or indemnified to the extent and
subject to the limits stated in § 3-2A-05(h) of this subtitle.
The court shall hold a hearing and receive evidence on the
objection. If the court finds from the evidence that the damages
are excessive on the grounds stated in § 3-2A-05(h) of this
subtitle, subject to the limits and conditions stated in §
3-2A-05(h) of this subtitle, it may grant a new trial as to such
damages or may deny a new trial if the claimant agrees to a
remittitur of the excess and the order required adequate security
when warranted by the conditions stated in § 3-2A-05(h) of this
subtitle. In the event of a new trial granted under this
subsection, evidence considered by the court in granting the
remittitur shall be admissible if offered at the new trial and
the jury shall be instructed to consider such evidence in
reaching its verdict as to damages. Upon a determination of those
damages at the new trial, no further objection to damages may be
made exclusive of any party's right of appeal. Except as
expressly provided by federal law, no person may recover from the
claimant or assert a claim of subrogation against a defendant for
any sum included in a remittitur or awarded in a new trial on
damages granted under this subsection. Nothing in this subsection
shall be construed to otherwise limit the common law grounds for
remittitur.

(g)  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.

(h) Venue shall be determined in accordance with the
provisions of § 6-201 of this article.

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