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Session Laws, 1999
Volume 796, Page 2869   View pdf image
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(IV) IF THERE IS MORE THAN ONE CLAIMANT, THE CLAIMANTS
SHALL BE TREATED AS A SINGLE PARTY AND SHALL EXERCISE THEIR STRIKES
JOINTLY.

(V) IF MULTIPLE CLAIMANTS OR MULTIPLE HEALTH CARE
PROVIDERS FAIL TO AGREE ON THEIR STRIKES OR FAIL TO RETURN THEIR STRIKE
LIST TO THE DIRECTOR WITHIN THE TIME SPECIFIED IN PARAGRAPH (VI) OF THIS
SUBSECTION, THE DIRECTOR SHALL MAKE THE STRIKES ON THEIR BEHALF.

(VI) THE STRIKES SHALL BE SUBMITTED TO THE DIRECTOR WITHIN
10 DAYS AFTER DELIVERY OF THE LIST.

(VII) THE DIRECTOR SHALL APPOINT AN EVALUATOR FROM THE
UNSTRICKEN NAMES ON THE LIST.

' (3) UPON APPOINTMENT, THE EVALUATOR SHALL SCHEDULE A
NEUTRAL CASE EVALUATION SESSION TO BE HELD WITHIN 45 DAYS AFTER THE
APPOINTMENT TO PURSUE THE NEUTRAL CASE EVALUATION OF THE CLAIM OR TO
RESOLVE ANY ISSUES TO WHICH THE PARTIES AGREE TO STIPULATE BEFORE TRIAL.

(4) WITHIN 10 DAYS AFTER THE NEUTRAL CASE EVALUATION SESSION,
THE EVALUATOR SHALL NOTIFY, IN WRITING, THE DIRECTOR AND THE CIRCUIT
COURT OR UNITED STATES DISTRICT COURT OF THE RESULTS OF THE NEUTRAL
CASE EVALUATION.

(5) (I) DURING THE NEUTRAL CASE EVALUATION PERIOD, THE
CIRCUIT COURT OR UNITED STATES DISTRICT COURT SHALL CONTINUE TO HAVE
JURISDICTION TO RULE ON ANY MOTIONS OR DISCOVERY MATTERS.

(II) THE NEUTRAL CASE EVALUATION MAY NOT INTERFERE WITH
THE SCHEDULED TRIAL.

(6) (I) THE EVALUATOR SHALL BE PAID IN ACCORDANCE WITH §
3-2A-03(D) OF THIS SUBTITLE.

(II) UNLESS OTHERWISE AGREED BY THE PARTIES, THE COST OF
NEUTRAL CASE EVALUATION, WHICH MAY NOT EXCEED $300 PER CASE, SHALL BE
DIVIDED EQUALLY BETWEEN THE PARTIES.

[(f)] (G) The provisions of this section apply only if no party waives
arbitration of the claim under the provisions of § 3-2A-06B of this subtitle.

3-2A-06B.

(a) Arbitration of a claim with the Health Claims Arbitration Office may be
waived by the claimant or any defendant in accordance with this section, and the
provisions of this section shall govern all further proceedings on any claim for which
arbitration has been waived under this section.

(b) (1) Subject to the time limitation under subsection (d) of this section, any
claimant may waive arbitration at any time after filing the certificate of qualified

 

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Session Laws, 1999
Volume 796, Page 2869   View pdf image
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