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 lease 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 interests 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