PREHEARING TELEPHONE CONFERENCE

Rules of Procedure for the Montana Medical Legal Panel

Rule: 14

Jurisdiction: MT

Bluebook Citation: Mont. PFTMMLP R. 14

(a) Setting the date for prehearing conference call. No less than fourteen (14) days prior to the hearing, the Chairperson shall, unless otherwise stipulated by the parties, hold a prehearing conference by telephone or other electronic means approved by the Panel, for the purpose of conferring with the Claimant or the Claimant’s counsel on behalf of the Claimant, the health care provider or the health care provider’s counsel on behalf of the health care provider, and the Director of the Panel regarding the hearing. This conference shall be called the “prehearing conference.” (b) Matters to be determined at prehearing conference. During the prehearing conference, the parties shall consider and determine whether the following may be accomplished by the parties at the prehearing conference or, if necessary, prior to the hearing and establish a plan for doing so: (1) Specifically identify the elements of the malpractice claim to be presented at the hearing; (2) Obtain admissions to or stipulations of facts not remaining in dispute; (3) Identify witnesses, quantify the number of witnesses to be called and schedule the order of appearance of witnesses; (4) Estimate length of hearing and, if applicable, consideration of any transcription requests; 15 (5) Identify and discuss any other matters that might aid in the Panel’s hearing of the claim; and (6) Identify materials submitted pursuant to Rule 15 and determine whether the parties dispute the authenticity of any documents a party plans to present at the hearing.

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