LMAR 5.3
               CONDUCT OF HEARING - WITNESSES -RULES OF EVIDENCE


     (a)  Oath or Affirmation.  The Arbitrator shall place a witness under oath
or affirmation before the witness presents testimony.

     (b)  Recording.  The hearing may be recorded electronically or otherwise
by any party at his or her expense.

     (c)  Certain Documents Presumed Admissible.  The documents listed below,
if relevant, are presumed admissible at an arbitration hearing, but only if (1)
the party offering the document serves on all parties a notice, accompanied by
a copy of the document and the name, address, and telephone number of its
author or maker, at least 14 days prior to the hearing in accordance with MAR
5.2; and (2) the party offering the document similarly furnishes all other
parties with copies of all other related documents from the same author or
maker.  This rule does not restrict argument or proof relating to the weight of
the evidence after hearing all of the evidence and the arguments of opposing
parties.  The documents presumed admissible under this rule are:

    1. A bill, report, chart or record of a hospital, doctor, dentist, registered
nurse, licensed practical nurse, physical therapist, psychologist or other
health care provider, on a letterhead or billhead;

    2. A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead;

    3. A bill for or an estimate of property damage on a letterhead or billhead.
In the case of an estimate, the party intending to offer the estimate shall
forward with the notice to the adverse party, a statement indicating whether or
not the property was repaired, and if it was, whether the estimated repairs
were made in full or in part, attaching a copy to the receipted bill showing
the items of repair and the amount paid.

    4. A police, weather, wage loss, or traffic signal report, or standard United
States government life expectancy table to the extent it is admissible under
the Rules of Evidence, but without the need for formal proof of authentication
or identification;

    5. A photograph, x-ray, drawing, map, blueprint or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;

    6. The written statement of any other witness, including the written report
of an expert witness, and including a statement of opinion which the witness
would be allowed to express if testifying in person, if it is made by affidavit
or by declaration under penalty of perjury;

    7. A document not specifically covered by any of the foregoing provisions but
having equivalent circumstantial guarantees of trustworthiness, the admission
of which would serve the interest of justice.

     (e)  Opposing Party May Subpoena Author or Maker as Witness.  Any other
party may subpoena the author or maker of a document admissible under this rule,
at that party's expense, and examine the author or maker as if under cross-examination.*


*  Form 5.3(e)1 or Form 5.3(e)2


[Amended Effective September 1, 2011]