Idaho State Statutes - Idaho Attorney Directory

[EFFECTIVE UNTIL JUNE 30, 2006] (1) Unless the
evaluator orders otherwise:
(a) A defending party may demand in writing a statement from each
claimant setting forth separately the amounts of any special, general or
other damages sought in the evaluation. Such statement shall be served on
all parties no later than twenty-one (21) days after receipt of the
demand;
(b) A party may take the deposition of another party pursuant to the
Idaho rules of civil procedure;
(c) If the physical or mental condition of a claimant is at issue, the
defending parties may obtain the relevant medical reports of the claimant
and one (1) defendant's medical examination of the claimant. The evaluator
shall decide any limitations to be placed on the time, place, manner,
conditions or scope of the examination if requested. A claimant shall have
an absolute right to a copy of any document relating to the claimant which
is created by the examiner or the examiner's employees or agents during or
after the examination. Such materials shall be provided to the claimant
within fourteen (14) days of the date of the examination and no later than
twenty-one (21) days prior to the evaluation hearing date. Failure to
timely provide the medical examiner's materials shall be a basis for
vacating and rescheduling the hearing or for excluding the evidence in the
discretion of the evaluator;
(d) The parties may submit requests for admission to one another pursuant
to the Idaho rules of civil procedure.
(2) The conclusions and foundations therefore of any expert opinion
testimony that a party intends to offer at the evaluation shall be submitted
in writing to the opposing party no later than twenty-one (21) days prior to
the evaluation. Medical records are deemed to fulfill the requirements of this
subsection. If the opposing party concludes that it needs to take the expert's
deposition and the parties cannot reach agreement to do so, the written report
shall be submitted to the evaluator who, after hearing the opposing party's
reasons for requesting the deposition, may order it to go forward. The
evaluator's determination that such discovery will occur shall be based on
whether it is necessary to obtain a fair determination of the case. If a party
wishes to offer the live testimony of any expert witness at the evaluation,
notice of the intent to do so must be given to the other parties no later than
twenty-one (21) days prior to the evaluation and the opposing parties shall
have the right to depose the expert before the evaluation is conducted.
(3) No additional discovery shall be due or obtained for the purpose of
the evaluation unless the parties stipulate thereto or the evaluator has
ordered otherwise based on the evaluator's determination that such discovery
is necessary to obtain a fair, swift and cost-effective determination of the
case.
(4) Costs of all depositions, including fees for expert testimony, and
medical examinations shall be paid by the party requesting the examination or
testimony.

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