7-1507. DISCOVERY. (1) Unless the evaluator orders otherwise:

(a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all parties no later than twenty-one (21) days after receipt of the demand;

(b) A party may take the deposition of another party pursuant to the Idaho rules of civil procedure;

(c) If the physical or mental condition of a claimant is at issue, the defending parties may obtain the relevant medical reports of the claimant and one (1) defendant’s medical examination of the claimant. The evaluator shall decide any limitations to be placed on the time, place, manner, conditions or scope of the examination if requested. A claimant shall have an absolute right to a copy of any document relating to the claimant which is created by the examiner or the examiner’s employees or agents during or after the examination. Such materials shall be provided to the claimant within fourteen (14) days of the date of the examination and no later than twenty-one (21) days prior to the evaluation hearing date. Failure to timely provide the medical examiner’s materials shall be a basis for vacating and rescheduling the hearing or for excluding the evidence in the discretion of the evaluator;

(d) The parties may submit requests for admission to one another pursuant to the Idaho rules of civil procedure.

(2) The conclusions and foundations therefore of any expert opinion testimony that a party intends to offer at the evaluation shall be submitted in writing to the opposing party no later than twenty-one (21) days prior to the evaluation. Medical records are deemed to fulfill the requirements of this subsection. If the opposing party concludes that it needs to take the expert’s deposition and the parties cannot reach agreement to do so, the written report shall be submitted to the evaluator who, after hearing the opposing party’s reasons for requesting the deposition, may order it to go forward. The evaluator’s determination that such discovery will occur shall be based on whether it is necessary to obtain a fair determination of the case. If a party wishes to offer the live testimony of any expert witness at the evaluation, notice of the intent to do so must be given to the other parties no later than twenty-one (21) days prior to the evaluation and the opposing parties shall have the right to depose the expert before the evaluation is conducted.

(3) No additional discovery shall be due or obtained for the purpose of the evaluation unless the parties stipulate thereto or the evaluator has ordered otherwise based on the evaluator’s determination that such discovery is necessary to obtain a fair, swift and cost-effective determination of the case.

(4) Costs of all depositions, including fees for expert testimony, and medical examinations shall be paid by the party requesting the examination or testimony.

History:

[7-1507, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 5, p. 107.]