Superior Court Mandatory Arbitration Rules

		
		
                                                                                 
                          RULE 5.3                                               
            CONDUCT OF HEARING--WITNESSES--RULES                                 
                        OF EVIDENCE                                              
                                                                                 
    (a) Witnesses. The arbitrator shall exercise reasonable control over         
the mode and order of interrogating witnesses and presenting evidence so as      
to (1) make the interrogation and presentation effective for the                 
ascertainment of the facts, (2) avoid needless consumption of time, and (3)      
protect witnesses from harassment or undue embarrassment. In the discretion      
of the arbitrator, a witness may testify by telephone. A witness shall be        
placed under oath or affirmation by the arbitrator prior to presenting           
testimony, a violation of which oath shall be deemed a contempt of court in      
addition to any other penalties that may be provided by law. The arbitrator      
may question a witness.                                                          
    (b) Recording. The hearing may be recorded electronically or otherwise       
by any party or the arbitrator.                                                  
    (c) Rules of Evidence, Generally. The extent to which the Rules of           
Evidence will be applied shall be determined in the exercise of discretion       
of the arbitrator. The Rules of Evidence, to the extent determined by the        
arbitrator to be applicable, should be liberally construed in order to           
promote justice. The parties should stipulate to the admission of evidence       
when there is no genuine issue as to its relevance or authenticity.              
    (d) 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 related documents from the same author or maker. This        
rule does not restrict argument or proof relating to the weight of the           
evidence admitted, nor does it restrict the arbitrator's authority to            
determine 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 of 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, videotape, 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 guaranties 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 or videotape                
admissible under this rule, at that party's expense, and examine the author      
or maker as if under cross examination.