Rule 14-1106. Conduct of thehearing; evidence and civil procedure; right to counsel; right to recordhearing; effect of failure to appear; postponements.
(a) Setting of hearing. Thepanel chair or the sole arbitrator, shall set a time and place for the hearingand shall cause written notice to be served personally or by mail on allparties to the arbitration, and on the remaining panel members, not less than30 days before the hearing. A party's participation at a scheduled hearingshall constitute a waiver on his part of any deficiency with respect to thefiling of the notice of the hearing.
(b) Notice of hearing andrights. In the notice of the hearing, the panel chair or sole arbitrator shallinform the parties of their right to present witnesses and documentary evidencein support of their respective positions, and to be represented by an attorney.
(c) Court reporter andtranscripts. Any party may have the hearing reported by a certified courtreporter at his expense, by written request presented to the panel chair orsole arbitrator at least three days prior to the date of the hearing. The chairor arbitrator shall confirm with the court reporter that the requesting party,and not the Bar, is responsible for all costs of the court reporter. In suchevent, any other party to the arbitration shall be entitled to obtain, at hisown expense, a copy of the reporter's transcript of the testimony byarrangements made directly with the reporter. When no party to the arbitrationrequests that the hearing be reported, and the panel chair or sole arbitratordeems it necessary to have the hearing reported, the panel chair or solearbitrator may employ a certified court reporter for such purpose if authorizedto do so by the executive director in writing.
(d) Testimony under oath. Uponrequest by any party to the arbitration or any member of the panel, thetestimony of witnesses shall be given under oath. When so requested, any memberof the panel or the court reporter may administer an oath to the witness.
(e) Evidence and civilprocedure. The panel shall be the judge of the relevancy and materiality ofevidence offered and shall rule on questions of procedure. The panel shallexercise all powers related to the conduct of the hearing. Conformity to legalrules of evidence or civil procedure shall not be required.
(f) Panel member failure toappear. If, at the time set for any hearing, one of the members of the panel isnot present, the panel chair, or in the event of his unavailability, the chairor his designee, in his sole discretion, shall decide either to postpone thehearing, or with the consent of the parties, to proceed with the hearing withthe remaining two members of the panel as the arbitrators.
(g) Party failure to appear. Ifany party to an arbitration who has been duly notified fails to appear at ascheduled hearing, the panel may proceed with the hearing and determine thecontroversy upon the evidence produced.
(h) Adjournment andpostponement. The panel chair or the sole arbitrator may adjourn the hearingfrom time to time as necessary. Upon the request of a party and for good cause,or upon the determination of the panel chair or sole arbitrator, the panelchair or sole arbitrator may postpone the hearing from time to time.
(i) Failure of a lawyer respondentto respond. Failure of a lawyer respondent to file the fee arbitration responseform shall not delay the scheduling of a hearing. In any such case, the panelmay, in its discretion, refuse to consider evidence offered by the lawyer whichwould reasonably be expected to have been disclosed in the response.
(j) Telephonic hearings. In itsdiscretion, a panel may permit a party to appear or present witness testimonyat the hearing by telephonic conference call. The cost of the telephone callshall be paid by the party.
(k) Reopening of hearing. Withgood cause shown, the panel may reopen the hearing at any time before adecision is issued.
(l) Burden of proof andstandard. The burden of proof shall be on the lawyer to prove thereasonableness of the fee by a preponderance of the evidence.