§ 38-77-740 — Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following: (1) Two estimates of damage to the motor vehicle or its contents signed by the estimator. (2) Signed receipts for car repairs. (3) Bills or receipts for other property damages claimed. The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing. (b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident. (c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

Legislative History

HISTORY: Former 1976 Code SECTION 56-11-540 [1962 Code SECTION 46-750.138; 1974 (58) 2718] recodified as SECTION 38-77-740 by 1987 Act No. 155, SECTION 1.