State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_64

§ 90‑21.64.  Timelimitations for arbitration.

(a)        Time Frames. – Thetime frames provided in this section shall run from the date of the filing ofthe stipulation where the parties agreed to submit the dispute to arbitrationunder the Article. Any arbitration under this Article shall be conductedaccording to the time frames as follows:

(1)        Within 45 days, theclaimant shall provide a copy to the defendants of all relevant medicalrecords. Alternatively, the claimant may provide to the defendants a release,in compliance with the federal Health Insurance Portability and AccountabilityAct, for all relevant medical records, along with the names and addresses ofall health care providers who may have possession, custody, or control of therelevant medical records. The provisions of this subdivision shall not limitdiscovery conducted pursuant to G.S. 90‑21.63(c).

(2)        Within 120 days, theclaimant shall disclose to each defendant the name and curriculum vitae orother documentation of qualifications of any expert the claimant expects tocall as a witness.

(3)        Within 140 days,each defendant shall disclose to the claimant the name and curriculum vitae orother documentation of qualifications of any expert the defendant expects tocall as a witness.

(4)        Within 160 days,each party shall disclose to each other party the name and curriculum vitae orother documentation of qualifications of any rebuttal expert the party expectsto call as a witness.

(5)        Within 240 days, alldiscovery shall be completed.

(6)        Within 270 days, thearbitration hearing shall commence.

(b)        Scheduling Order. –The arbitrator shall issue a case scheduling order in every proceedingspecifying the dates by which the requirements of subdivisions (2) through (6)of subsection (a) of this section shall be completed. The scheduling order alsoshall specify a deadline for the service of dispositive motions and briefs.

(c)        Public Policy as toWhen Hearings Begin. – It is the express public policy of the General Assemblythat arbitration hearings under this Article be commenced no later than 10months after the parties file the stipulation where the parties agreed tosubmit the dispute to arbitration under this Article. The arbitrator may granta continuance of the commencement of the arbitration hearing only where a partyshows that exceptional circumstances create an undue and unavoidable hardshipon the party or where all parties consent to the continuance. (2007‑541, s. 1.)