Guam § 10118 - Evidence and Testimony.

§ 10118. Evidence and Testimony.

A hearing shall be informal and the arbitrators shall be the sole judge

of the relevancy and materiality of the evidence offered.

(a) The arbitrators may receive and consider evidence in the form of an

affidavit, but shall give appropriate weight to any objections made. All

documents to be considered by the arbitrators shall be filed at the hearing.

(b) Testimony shall be taken under oath and a record of the

proceedings shall be made by a tape recording. Any party, at the party's

expense, may have transcriptions or copies of the recording made or may

provide for a written transcript of the proceedings. The costs of any

transcription ordered by the panel for its own use shall be deemed part of

the costs of the proceedings.

(c) Expert testimony shall not be required but where expert testimony

is used, it shall be admitted under the same circumstances as in a civil trial

and be subject to cross-examination.

(d) The party with the burden of establishing a standard of care and

breach thereof shall establish such standards whether by the introduction of

expert testimony, or by other competent proof of the standard and the

breach thereof, which may include the use of published works as provided

COL120106

CH. 10 MEDICAL M ALPRACTICE – MANDATORY ARBITRATION

in subsection (e).

(e) Authoritative, published works on the general and specific subjects

in issue may be admitted and argued from, upon prior notice to all other

parties.

(f) The panel shall accord such weight and probative worth to expert

evidence as it deems appropriate. The panel may call a neutral expert on its

own motion, which expert witness shall be subject to cross-examination by

the parties. The costs of the expert will be deemed a cost of the proceeding.