§ 24 §2852 — Formation and procedure

1.
Creation of panel lists.
The Chief Justice of the Superior Court shall recommend to each clerk of the Superior Court the names of retired or active retired justices and judges, persons with judicial experience and other qualified persons to serve on screening panels under this subchapter. The clerk shall place these names on a list from which the Chief Justice of the Superior Court will choose a panel chair under subsection 2.
2.
Selection of panel members; compensation.
Screening panel members shall be selected as follows.
3.
Challenges; replacements.
If any panel member other than the chair is unable or unwilling to serve in any matter or is challenged for cause by any person who is a party to a proceeding before a panel, the party challenging the member shall request a replacement from the lists maintained by the clerk under subsection 1, chosen by the chair who shall so notify the parties. Only challenges for cause are allowed. The chair shall inquire as to any bias on the part of a panel member or as requested by any party.
4.
Experts; costs.
5.
Subpoena power.
The panel, through the chair, has the same subpoena power as exists for a Superior Court Judge. The chair has sole authority, without requiring the agreement of other panel members, to issue subpoenas.
6.
Discovery.
The chair, upon application of a party, may permit reasonable discovery. The chair may rule on requests regarding discovery, or may allow the parties to seek a ruling in the Superior Court under the provisions of section 2853, subsection 5.

Legislative History

PL 1985, c. 804, §§12,22 (NEW). PL 1989, c. 361, §§1,3,10 (AMD). PL 1991, c. 130, §§1,2 (AMD). PL 2009, c. 136, §§3, 4 (AMD). RR 2019, c. 2, Pt. B, §§82, 83 (COR).