Current through Register Vol. 54, No. 45, November 9, 2024
Section 171.96 - Arbitration hearing procedure(a) Arbitration hearings shall be opened by the introduction of the oaths of the arbitration panel members and by recording the place, time and date of the hearing and the presence of the members, parties, and counsel.(b) The plaintiff shall first present his claim and proofs and his witnesses, who shall submit to questions or other examination by the other parties and by the arbitration panel chairperson. The defendant shall then present his defense and proofs and his witnesses, who shall submit to questions or other examination by the other parties and by the arbitration panel chairperson. The plaintiff shall have the right to present evidence in rebuttal and the defendant shall have the right to present evidence in surrebuttal. Panel members, other than the panel chairperson, may question a witness only by submitting questions in writing to the chairperson who shall propound them if he finds such questions to be proper. The decision of the chairperson on the legal propriety of these questions shall be conclusive.(c) The arbitration panel may in its discretion vary this procedure; but, in all cases, it shall afford full and equal opportunity to all parties for the presentation of any material and relevant proofs.(d) The names and addresses of all witnesses and exhibits in order received shall be made a part of the record.(e) Subsections (a)-(c) supersede 1 Pa. Code §§35.125, 35.126 and 35.137 (relating to order of procedure; presentation by the parties; and oral examination).