2006 Code of Virginia § 8.01-581.3:1 - Completion of discovery; hearing date; notification to parties and panel members; oath of panel mem...

8.01-581.3:1. Completion of discovery; hearing date; notification toparties and panel members; oath of panel members.

At the time that the panel is designated, the Supreme Court shall advise theclerk of the circuit court in which the matter was filed of the names of thepanel members.

Except for good cause shown, the date for completion of discovery shall notbe set beyond 120 days from the date on which the panel was requested. Withinthe period set for the taking of discovery and upon consultation with thepanel members, the judge shall notify the parties of the date set for ahearing by the review panel, if any, or the date on which the panel willconvene. Such date shall not be set sooner than ten days after the date forcompletion of discovery. Upon completion of discovery, the clerk of thecircuit court shall notify the parties of the name, address and professionalpractice of each panel member and shall also notify the panel members, inwriting, of their appointment.

The written notification to the panel members shall include the definitionsof "impartial attorney" and "impartial health care provider" as containedin 8.01-581.1 and a copy of the oath to which the panel members will berequired to subscribe when the panel convenes. The oath shall be as follows:

"I do solemnly swear (or affirm) that I have no past or present relationshipwith the parties nor am I aware of anything that would prevent me from beingimpartial in my deliberations. I further swear (or affirm) that I will renderan opinion faithfully and fairly on the basis of the evidence presented,applying any professional expertise I may have, giving due regard to thenature of the claim and the nature of the practice of the health careprovider." A panel member who, for any reason, could not take the oath ofimpartiality shall promptly notify the judge presiding over the panel, inwriting, of such inability. The judge shall notify the Supreme Court, whichshall then select and notify another panel member in place of and practicingthe same profession as the disqualified member.

(1986, c. 227; 1993, c. 928.)