Florida Administrative Code
60 - DEPARTMENT OF MANAGEMENT SERVICES
60Q - Division of Administrative Hearings
Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION
Section 60Q-3.022 - Assessment Arbitration Pre-Hearing Requirements

Universal Citation: FL Admin Code R 60Q-3.022

Current through Reg. 50, No. 187; September 24, 2024

(1) Mediation is encouraged but not required for arbitration. Should the parties choose to mediate, mediation shall be conducted at least ten days prior to the date that the arbitration hearing is scheduled to commence.

(2) The parties shall notify the chief arbitrator of the results of any mediation no later than three days after the mediation is concluded, or, in any event, not less than five days prior to the commencement of the arbitration.

(3) All potential witnesses' names and addresses must be disclosed to all other parties and filed with the Division at least 45 days prior to the arbitration hearing or 45 days before any re-scheduled arbitration hearing.

(4) All exhibits intended to be introduced into evidence must be exchanged no later than 20 days prior to the scheduled arbitration hearing.

(5) No later than 15 days before the assessment arbitration hearing, or by such other time as the chief arbitrator orders, the parties shall file a pre-hearing stipulation, which shall contain:

(a) A brief general statement of each party's position, including a statement regarding the categories of damages at issue, and any damages that have been stipulated;

(b) A list of all exhibits to be offered at the hearing, noting any objections thereto, and the grounds for each objection;

(c) A list of the names and addresses of all witnesses intended to be called at the hearing by each party. Expert witnesses shall be designated;

(d) A concise, but detailed statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to such admissions;

(e) A concise statement of those issues of law on which there is agreement;

(f) A concise statement of those issues of fact which remain to be litigated;

(g) A concise statement of those issues of law which remain for determination;

(h) A concise statement of any disagreement as to the application of the rules of evidence;

(i) A statement of whether the parties have agreed to the arbitrators' fee, and if so, the amount of the fee;

(j) An estimate of the length of time the hearing will require;

(k) A list of all motions or other matters which require action by the chief arbitrator; and

(l) The signature of counsel for all parties represented by counsel and of all parties not represented by counsel.

(6) No later than 10 days before the assessment arbitration hearing, the parties, or their attorneys, shall meet to discuss the possibility of amicable resolution of the proceeding.

(7) All proposed exhibits must be provided to the arbitrators simulataneously, at the time ordered by the chief arbitrator. In the event that the exhibits are to be delivered in advance for hearings conducted remotely, the parties shall file a Notice of Filing indicating when the proposed exhibits were provided.

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS.

New 9-6-88, Formerly 22I-7.022, Amended 6-27-00, 9-14-21.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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