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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67909</law_id><section_number>8.01-581.3:1</section_number><catch_line>Completion of discovery; hearing date; notification to parties and panel members; oath of panel members</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>8.01-581.2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="21.1">Medical Malpractice</unit><unit label="article" level="3" order_by="1" identifier="1">Medical Malpractice Review Panels; Arbitration of Malpractice Claims</unit></structure><text>
						<section><p>At the time that the <span class="dictionary">panel</span> is designated, the Supreme <span class="dictionary">Court</span> shall advise the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> in which the matter was filed of the names of the <span class="dictionary">panel</span> members.
		Except for good cause shown, the date for completion of <span class="dictionary">discovery</span> shall not be set beyond 120 days from the date on which the <span class="dictionary">panel</span> was requested. Within the period set for the taking of <span class="dictionary">discovery</span> and upon consultation with the <span class="dictionary">panel</span> members, the <span class="dictionary">judge</span> shall notify the parties of the date set for a <span class="dictionary">hearing</span> by the review <span class="dictionary">panel</span>, if any, or the date on which the <span class="dictionary">panel</span> will convene. Such date shall not be set sooner than ten days after the date for completion of <span class="dictionary">discovery</span>. Upon completion of <span class="dictionary">discovery</span>, the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall notify the parties of the name, address and professional practice of each <span class="dictionary">panel</span> member and shall also notify the <span class="dictionary">panel</span> members, in writing, of their appointment.
		The written notification to the <span class="dictionary">panel</span> members shall include the definitions of &#x201C;<span class="dictionary">impartial attorney</span>&#x201D; and &#x201C;<span class="dictionary">impartial <span class="dictionary">health care provider</span></span>&#x201D; as contained in &#xA7;&#xA0;<a class="law" title="Definitions" href="/8.01-581.1/">8.01-581.1</a> and a copy of the <span class="dictionary">oath</span> to which the <span class="dictionary">panel</span> members will be required to subscribe when the <span class="dictionary">panel</span> convenes. The <span class="dictionary">oath</span> shall be as follows:
		&#x201C;I do solemnly swear (or <span class="dictionary">affirm</span>) that I have no past or present relationship with the parties nor am I aware of anything that would prevent me from being impartial in my <span class="dictionary">deliberations</span>. I further swear (or <span class="dictionary">affirm</span>) that I will render an <span class="dictionary">opinion</span> faithfully and fairly on the basis of the <span class="dictionary">evidence</span> presented, applying any professional expertise I may have, giving due regard to the nature of the claim and the nature of the practice of the <span class="dictionary">health care provider</span>.&#x201D; A <span class="dictionary">panel</span> member who, for any reason, could not take the <span class="dictionary">oath</span> of impartiality shall promptly notify the <span class="dictionary">judge</span> presiding over the <span class="dictionary">panel</span>, in writing, of such inability. The <span class="dictionary">judge</span> shall notify the Supreme <span class="dictionary">Court</span>, which shall then select and notify another <span class="dictionary">panel</span> member in place of and practicing the same profession as the disqualified member.</p></section></text><history>1986, c. 227; 1993, c. 928.</history><metadata></metadata></law>
