State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-417

78B-3-417. Proceedings -- Authority of panel -- Rights of parties to proceedings.
(1) No record of the proceedings is required and all evidence, documents, and exhibitsare returned to the parties or witnesses who provided the evidence, documents, and exhibits atthe end of the proceedings upon the request of the parties or witnesses who provided theevidence.
(2) The division may issue subpoenas for medical records directly related to the claim ofmedical liability in accordance with division rule and in compliance with the following:
(a) the subpoena shall be prepared by the requesting party in proper form for issuance bythe division; and
(b) the subpoena shall be accompanied by:
(i) an affidavit prepared by the person requesting the subpoena attesting to the fact themedical record subject to subpoena is believed to be directly related to the medical liability claimto which the subpoena is related; or
(ii) by a written release for the medical records to be provided to the person requestingthe subpoena, signed by the individual who is the subject of the medical record or by thatindividual's guardian or conservator.
(3) Per diem reimbursement to panel members and expenses incurred by the panel in theconduct of prelitigation panel hearings shall be paid by the division. Expenses related tosubpoenas are paid by the requesting party, including witness fees and mileage.
(4) The proceedings are informal and formal rules of evidence are not applicable. Thereis no discovery or perpetuation of testimony in the proceedings, except upon special order of thepanel, and for good cause shown demonstrating extraordinary circumstances.
(5) (a) A party is entitled to attend, personally or with counsel, and participate in theproceedings, except upon special order of the panel and unanimous agreement of the parties. Theproceedings are confidential and closed to the public.
(b) No party has the right to cross-examine, rebut, or demand that customary formalitiesof civil trials and court proceedings be followed. The panel may, however, request special orsupplemental participation of some or all parties in particular respects.
(c) Communications between the panel and the parties, except the testimony of theparties on the merits of the dispute, are disclosed to all other parties.
(6) The division shall appoint a panel to consider the claim and set the matter for panelreview as soon as practicable after receipt of a request.
(7) Parties may be represented by counsel in proceedings before a panel.

Renumbered and Amended by Chapter 3, 2008 General Session