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§ 766.307 NICA Hearing and Discovery

(1)  The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the filing by a claimant of a petition in compliance with s. 766.305. The administrative law judge shall immediately notify the parties of the time and place of such hearing, which shall be held in the county where the injury occurred unless otherwise agreed to by the parties and authorized by the division.

(2)  The parties to the hearing shall include the claimant and the association.

(3)  Any party to a proceeding under ss. 766.301-766.316 may, upon application to the administrative law judge setting forth the materiality of the evidence to be given, serve interrogatories or cause the depositions of witnesses residing within or without the state to be taken, the costs thereof to be taxed as expenses incurred in connection with the filing of a claim. Such depositions shall be taken after giving notice and in the manner prescribed for the taking of depositions in actions at law, except that they shall be directed to the administrative law judge before whom the proceedings may be pending.

History.–s. 66, ch. 88-1; s. 19, ch. 91-46; s. 2, ch. 94-106; s. 310, ch. 96-410.

Disclaimer:  This is a recent version of this law.  The legislature does not amend the various sections of the NICA laws very often, but you should not rely on this version without reviewing your possible NICA claim with an experienced medical malpractice lawyer, and making sure you are using the appropriate version of the law for your particular case. 

Was your child harmed during birth? Let one of our NICA attorneys review your case.