Florida Administrative Code
60 - DEPARTMENT OF MANAGEMENT SERVICES
60Q - Division of Administrative Hearings
Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION
Section 60Q-3.031 - Allocation Arbitration Pre-Hearing Requirements
Universal Citation: FL Admin Code R 60Q-3.031
Current through Reg. 50, No. 187; September 24, 2024
(1) No later than 10 days before the allocation arbitration hearing, or by such other time as the chief arbitrator orders, the arbitrating defendants shall file a pre-hearing stipulation, which shall contain:
(a) A brief general statement
of each party's position;
(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 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) An estimate of the length of time the
hearing will require;
(j) A
statement of whether the parties have agreed to the arbitrators' fee, and if
so, the amount of the fee;
(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.
(2) No later than 5 days before the allocation arbitration hearing, the parties, or their attorneys, shall meet to discuss the possibility of amicable resolution of the proceeding.
Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS.
New 9-6-88, Formerly 22I-7.031, Amended 6-27-00, 9-14-21.
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