                                 CODE OF VIRGINIA

CONDUCT OF PROCEEDINGS (§ 8.01-581.6)

In the conduct of its proceedings:

1. The testimony of the witnesses shall be given under oath. Members of the
medical review panel, once sworn, shall have the power to administer oaths.

2. In the event a hearing is held, the parties are entitled to be heard, to
present relevant evidence, and to cross-examine witnesses to the extent
necessary to enable the panel to render an opinion as specified in &#xA7;
8.01-581.7. The rules of evidence need not be observed. The medical review panel
may proceed with the hearing and shall render an opinion upon the evidence
produced, notwithstanding the failure of a party duly notified to appear.

3. The medical review panel may issue or cause to be issued, on its own motion
or on application of any party, subpoenas for the attendance of witnesses and
for the production of books, records, documents, and other evidence. Subpoenas
so issued shall be served and, upon application by a party or the panel to a
court of proper venue having jurisdiction over a motion for judgment based on
such claim, enforced in the manner provided for the service and enforcement of
subpoenas in a civil action. All provisions of law compelling a person under
subpoena to testify are applicable.

4. [Repealed.]

5. The hearing shall be conducted by all members of the medical review panel
unless the parties otherwise agree. A majority of the members present may
determine any question and may render an opinion.

6. The medical review panel members may apply their expertise in evaluating the
evidence giving due regard to the nature of the claim and the nature of the
practice of the health care provider, whether expert medical opinions are
presented by the parties or not.

HISTORY: Code 1950, § 8-916; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c.
777; 1986, c. 227.