HEARING PROCEDURES

(a) Presence of Parties Required at Hearing. The presence of the parties is required at the Panel hearing as follows: (1) The Claimant submitting the case for review shall be present, personally, unless that presence is: (i) waived by all health care providers; or (ii) excused by the Chairperson or the Director upon a timely request stating the reasons therefore. (2) The health care provider against whom the claim is brought and the health care provider’s counsel shall be present, which presence may be excused in like manner as the Claimant as provided by this Rule 16 in subsections (a)(1)(i) and (ii). (b) Hearing Process. The Chairperson shall have discretion to determine the Panel hearing process. Unless otherwise agreed upon by the parties, the Panel hearing shall proceed as follows: (1) Claimant shall proceed first with his or her case, followed by the health care provider. (2) The Claimant or Claimant’s counsel shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice which he or she is prepared to prove. The health care provider against whom the claim is brought may make an introductory statement of his or her case, personally or through counsel. (3) Both parties may call witnesses to testify, who shall be subject to cross-examination and who shall be sworn by the Chairperson. Medical texts, journals and other documentary evidence relied upon by either party may be offered and admitted, if relevant, and if 16 submitted timely under Rule 15. Written statements of fact by treating health care providers or Claimants may be reviewed by the Panel. (4) All members of the Panel and counsel to the parties, or the parties if unrepresented, shall have the right to examine the parties and witnesses, including the parties when called as witnesses, subject to the control of the Chairperson. (5) The Montana Rules of Evidence shall not apply to hearings before the Panel; however, irrelevant, immaterial or unduly repetitious evidence may be excluded by the Chairperson. (c) Confidentiality of Hearing and Transcripts. The hearing will be confidential and informal, and the Panel shall not permit the making of an official transcript of the hearing to be made. However, upon the filing of an executed stipulation by all parties to the claim for the making of an unofficial transcript of the Panel hearing, the parties may provide for the making, payment and retention of such a transcript, and the parties shall be responsible for all other details related to making and obtaining such a transcript. Under no circumstances shall the Panel participate in or bear the cost of the making of a transcript of the Panel hearing. (d) Panel Proceedings and Decision Privileged from Disclosure in Court Actions. A Panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the Panel. The decision and the reasoning and basis for the decision of the Panel are not admissible as evidence in an action subsequently brought in a court of law and are not evidence for any purpose in an action brought under §§ 33-18-201 or 33-18-242, MCA, or common law. (e) Conclusion of Hearing - Supplemental Hearing. At the conclusion of the hearing, the Panel may take the claim under advisement or may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing. The supplemental hearing shall be set for a date and time certain, not longer than thirty (30) days from the date of the original hearing, unless the party bringing the matter for review consents in writing to a longer period. Any supplemental hearing shall be held in person, unless otherwise stipulated by the parties, and the parties and their counsel may be present.