(1) An arbitration
under this chapter shall be conducted according to the time
frames specified in this section. The time frames provided in
this section run from the date all defendants have agreed to
arbitration in their answers where the parties elected
arbitration in the initial complaint and answer, and from the
date of the execution of the stipulation where the parties agreed
to enter into arbitration after the commencement of the action
through a stipulation filed with the court. The arbitrator shall
issue a case scheduling order in every case specifying the dates
by which the requirements of (b) through (f) of this subsection
must be completed.
(a) Within forty-five days, the claimant shall provide
stipulations for all relevant medical records to the defendants.
(b) Within one hundred twenty days, the claimant shall
disclose to the defendants the names and curriculum vitae or
other documentation of qualifications of any expert the claimant
expects to call as a witness.
(c) Within one hundred forty days, each defendant shall
disclose to the claimants the names and curriculum vitae or other
documentation of qualifications of any expert the defendant
expects to call as a witness.
(d) Within one hundred sixty days, each party shall disclose
to the other parties the name and curriculum vitae or other
documentation of qualifications of any rebuttal expert the party
expects to call as a witness.
(e) Within two hundred forty days, all discovery shall be
completed.
(f) Within two hundred seventy days, the arbitration hearing
shall commence subject to the limited authority of the arbitrator
to extend this deadline under subsection (2) of this section.
(2) It is the express public policy of the legislature that
arbitration hearings under this chapter be commenced no later
than twelve months after the parties elect to submit the dispute
to arbitration. The arbitrator may grant a continuance of the
commencement of the arbitration hearing to a date more than
twelve months after the parties elect to submit the dispute to
arbitration only where a party shows that exceptional
circumstances create an undue and unavoidable hardship on the
party.
[2006 c 8 § 309.]