Mich. Admin. Code R. 418.94 - Hearing procedures

Rule 14.

(1) The party filing the application for mediation or hearing must first present evidence in support of the application.

(2) Unless the magistrate orders otherwise, only 1 attorney for each party may examine or cross-examine a witness.

(3) The magistrate may call witnesses, issue subpoenas, and order the production of books, records, accounts, and papers that are necessary for the purpose of making a decision. A magistrate may direct the attorneys to submit briefs.

(4) The magistrate may require such information from the parties as may be necessary to monitor the progress of the case, assist in the voluntary exchange of information between parties, and assist in the scheduling of cases.

(5) The hearing completion time shall be at the discretion of the magistrate, but it must not be more than 30 days after the date the hearing commenced unless the magistrate allows an extension beyond this time for good cause shown.

(6) Unless provided in accord with R 418.92 and R 418.93, all records, or other exhibits of any kind that any party intends to offer as evidence in the proceeding must be exchanged between the parties no later than 14 days before the JFPTC. This will not preclude admission at trial of any additional records or exhibits and does not constitute preclusion of records or exhibits not in the possession of either party, or newly discovered relevant evidence from being admitted.

(7) At their own expense, a party may schedule the cross-examination of the person or entity that prepared a proposed exhibit. The magistrate may limit the physician's charges for such cross-examination to a reasonable fee under section 858 of the act, MCL 418.858.

(8) This rule does not affect the magistrate's discretion to rule on newly discovered evidence.

(9) A case may be placed on the redemption docket upon request of the parties if it appears that the case will be resolved by way of redemption. The parties must be given necessary time to resolve any issues regarding medical bills or liens; Medicare or Medicaid compliance; friend of the court liens; or any other such liens, claims, or issues that may arise. If the parties are ultimately unable to resolve the case by way of redemption, the case must be returned to the development or trial docket, at the discretion of the magistrate.

(10) Upon finding the willful failure of a party to comply with this rule, the magistrate may prohibit that party from proceeding under the act.

Notes

Mich. Admin. Code R. 418.94

2021 MR 21, Eff. 11/12/2021