reglab/housing_qa huggingface dataset:
MT Code § 27-6-308 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 3. Preliminary Procedure|27-6-308. Director to furnish panel members with documents

  27-6-308. Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall furnish to each panel member copies of all claims, briefs, medical, podiatric, or dental records, and other documents that the director considers necessary.   History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(8); amd. Sec. 6, Ch. 195, L. 1987; amd. Sec. 5, Ch. 133, L. 1997.
MT Code § 27-6-401 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 4. Formation and Composition of Panel|27-6-401. Composition of panel

  27-6-401. Composition of panel. (1) Those eligible to sit on the panel are health care providers licensed pursuant to Montana law and residing in Montana and the members of the state bar of Montana. Six panel members shall sit in review of each case. Three panel members who are physicians and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more physicians. Three panel members who are dentists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more dentists. Three panel members who are podiatrists and three panel members who are attorneys shall sit in review of each case in which the claim is heard only against one or more podiatrists. If the claim is heard only against one or more health care facilities, two of the panel members must be administrators of the same type of health care facility or facilities, one panel member must be a physician, and three panel members must be attorneys.   (2) In all other cases, two of the panel members must be physicians, one panel member must be an administrator of the same type of health care facility, and three panel members must be attorneys, except that when a claim is heard against a dentist, a dentist must be substituted for one of the physicians on the panel and when a claim is heard against a podiatrist, a podiatrist must be substituted for one of the physicians on the panel.   History: Ap. p. 17-1304 by Sec. 4, Ch. 449, L. 1977; Sec. 17-1304, R.C.M. 1947; Ap. p. 17-1309 by Sec. 9, Ch. 449, L. 1977; Sec. 17-1309, R.C.M. 1947; R.C.M. 1947, 17-1304(2), 17-1309(4), (5); amd. Sec. 5, Ch. 332, L. 1985; amd. Sec. 7, Ch. 195, L. 1987; amd. Sec. 6, Ch. 133, L. 1997.
MT Code § 27-6-402 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 4. Formation and Composition of Panel|27-6-402. Selection of panelists

  27-6-402. Selection of panelists. (1) Application for review shall be promptly transmitted by the director to the directors of the health care provider's state professional society or association and the state bar, which shall, within 14 days from the date of transmittal of the application, each select 12 proposed panelists from which 3 will be selected.   (2) If no state professional society or association exists or if the health care provider does not belong to such a society or association, the director shall transmit the application to the health care provider's state licensing board, which shall in turn select 12 persons from the health care provider's profession and, where applicable, from persons specializing in the same field or discipline as the health care provider.   History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(1), (2); amd. Sec. 27, Ch. 12, L. 1979; amd. Sec. 6, Ch. 376, L. 1983.
MT Code § 27-6-403 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 4. Formation and Composition of Panel|27-6-403. Panel in cases involving multiple defendants

  27-6-403. Panel in cases involving multiple defendants. Whenever there are multiple defendants, the case against each health care provider may be reviewed by a separate panel or, at the discretion of the panel initially appointed or by stipulation of the parties, a single combined panel may review all the claims against all parties defendant.   History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(3).
MT Code § 27-6-404 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 4. Formation and Composition of Panel|27-6-404. Disqualification of panel member

  27-6-404. Disqualification of panel member. (1) A member must be disqualified from consideration of a case in which, by virtue of the member's circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving.   (2) Whenever a party makes and files an affidavit that a panel member selected pursuant to this part cannot, according to the belief of the party making the affidavit, sit in review of the application with impartiality, that panel member may proceed no further. Another panel member must be selected by the health care provider's professional association or state licensing board or the state bar, as appropriate. A party may not disqualify more than three panel members in this manner in any single malpractice claim, and the affidavit must be filed within 15 days of the transmittal by the director, under 27-6-402, of the names of the panel members selected.   History: En. 17-1309 by Sec. 9, Ch. 449, L. 1977; R.C.M. 1947, 17-1309(6), (7); amd. Sec. 7, Ch. 376, L. 1983; amd. Sec. 612, Ch. 56, L. 2009.
MT Code § 27-6-501 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 5. Hearing Procedure|27-6-501. Time and place of hearing

  27-6-501. Time and place of hearing. (1) A date, time, and place for hearing shall be fixed by the director subject to subsection (2), and prompt notice thereof shall be given to the parties involved, the attorneys, and the members of the panel. In no instance may the date set be more than 120 days after the transmittal by the director of the application for review unless the panel finds good cause exists for extending the period.   (2) Panel hearings may be held in any county the panel considers necessary or advisable. The county commissioners or other governing authority shall provide, upon request of the director of the panel, suitable facilities for any such hearing.   History: (1)En. 17-1310 by Sec. 10, Ch. 449, L. 1977; Sec. 17-1310, R.C.M. 1947; (2)En. 17-1305 by Sec. 5, Ch. 449, L. 1977; Sec. 17-1305, R.C.M. 1947; R.C.M. 1947, 17-1305(6), 17-1310.
MT Code § 27-6-502 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 5. Hearing Procedure|27-6-502. Conduct of hearing

  27-6-502. Conduct of hearing. (1) At the time set for hearing, the claimant submitting the case for review must be present and shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The health care provider against whom the claim is brought and the health care provider's attorney may be present and may make an introductory statement of the health care provider's case.   (2) Both parties may call witnesses to testify before the panel, and the witnesses must be sworn. Medical texts, journals, studies, and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of facts by treating health care providers may be reviewed.   (3) The hearing must be informal, and an official transcript may not be made.   History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(1) thru (3); amd. Sec. 613, Ch. 56, L. 2009.
MT Code § 27-6-503 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 5. Hearing Procedure|27-6-503. Conclusion of hearing -- supplemental hearing

  27-6-503. Conclusion of hearing -- supplemental hearing. (1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing, which must be set for a date and time certain, not longer than 30 days from the date of the original hearing unless the claimant or the claimant's attorney consents in writing to a longer period.   (2) Any supplemental hearing must be held in the same manner as the original hearing, and the parties concerned and their attorneys may be present.   History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(4), (5); amd. Sec. 28, Ch. 12, L. 1979; amd. Sec. 614, Ch. 56, L. 2009.
MT Code § 27-6-601 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-601. Selection of presiding officer

  27-6-601. Selection of presiding officer. At or prior to the time set for the hearing, the attorney members of the panel shall select a presiding officer who must be an attorney and who shall preside over the panel deliberations.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part); amd. Sec. 615, Ch. 56, L. 2009.
MT Code § 27-6-602 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-602. Questions panel must decide

  27-6-602. Questions panel must decide. Upon consideration of all the relevant material, the panel shall decide whether there is:   (1) substantial evidence that the acts complained of occurred and that they constitute malpractice; and   (2) a reasonable medical probability that the patient was injured thereby.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part).
MT Code § 27-6-603 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-603. Deliberations to be secret -- voting

  27-6-603. Deliberations to be secret -- voting. The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of those voting members of the panel who sat on the entire case.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part).
MT Code § 27-6-604 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-604. Form and content of decision

  27-6-604. Form and content of decision. The decision must in every case be signed for the panel by the presiding officer, must contain only the conclusions reached by a majority of its members, and must list the number of members, if any, dissenting from the opinion. Upon request of any party, the majority shall briefly explain the reasoning and basis for the decision and the dissenters shall explain the reasoning and basis for disagreement. Each party must be informed by the panel of the right to nonbinding mediation under 27-6-606.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(3); amd. Sec. 1, Ch. 59, L. 1995; amd. Sec. 616, Ch. 56, L. 2009.
MT Code § 27-6-605 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board

  27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board. The decision shall be communicated in writing to the parties and attorneys concerned, and a copy thereof shall be retained in the permanent files of the panel. A copy of the decision shall be sent to the health care provider's professional licensing board.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part); amd. Sec. 29, Ch. 12, L. 1979.
MT Code § 27-6-606 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 6. Deliberations and Decision of Panel|27-6-606. Decision not binding -- settlement agreements -- nonbinding mediation

  27-6-606. Decision not binding -- settlement agreements -- nonbinding mediation. (1) The panel's decision is without administrative or judicial authority and is not binding upon any party.   (2) The panel may recommend an award, approve settlement agreements, and discuss the settlement agreements, all in a manner consistent with this part. All approved settlement agreements are binding on the parties.   (3) If the panel decides both questions required by 27-6-602 in the affirmative, the court in which the complaint is filed shall, at the request of a party, require the parties to participate in court-supervised, nonbinding mediation prior to proceeding.   History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(6); amd. Sec. 2, Ch. 59, L. 1995.
MT Code § 27-6-701 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 7. Effect of Proceedings in Court Action -- Confidentiality|27-6-701. No court action before application to and decision by panel

  27-6-701. No court action before application to and decision by panel. No malpractice claim may be filed in any court against a health care provider before an application is made to the panel and its decision is rendered.   History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(1).
MT Code § 27-6-702 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 7. Effect of Proceedings in Court Action -- Confidentiality|27-6-702. Tolling of statute of limitations

  27-6-702. Tolling of statute of limitations. The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in the application as necessary or proper parties for any court action that might subsequently arise out of the same factual circumstances set forth in the application. The running of the applicable limitation period does not begin again until 30 days after either an order of dismissal, with or without prejudice against refiling, is issued from the panel presiding officer, or from the director upon the consent of the parties to the claim, or after the panel's final decision, whichever occurs first, is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney if represented by counsel, by certified mail.   History: En. 17-1314 by Sec. 14, Ch. 449, L. 1977; R.C.M. 1947, 17-1314; amd. Sec. 6, Ch. 332, L. 1985; amd. Sec. 2, Ch. 16, L. 1995; amd. Sec. 617, Ch. 56, L. 2009.
MT Code § 27-6-703 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 7. Effect of Proceedings in Court Action -- Confidentiality|27-6-703. Records of proceedings -- confidentiality

  27-6-703. Records of proceedings -- confidentiality. The director shall maintain records of all proceedings before the panel, which must include the nature of the act or omissions complained of, a brief summary of the evidence expressed, the decision of the panel, and any majority or dissenting opinions filed. Any records which may identify any party to the proceedings may not be made public and are not subject to subpoena but are to be used solely for the purpose of compiling statistical data and facilitating ongoing studies of medical malpractice in Montana.   History: En. 17-1315 by Sec. 15, Ch. 449, L. 1977; R.C.M. 1947, 17-1315.
MT Code § 27-6-704 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 6. Montana Medical Legal Panel Act|Part 7. Effect of Proceedings in Court Action -- Confidentiality|27-6-704. Panel proceedings and decision privileged from disclosure in court actions

  27-6-704. Panel proceedings and decision privileged from disclosure in court actions. (1) A panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel.   (2) The decision and the reasoning and basis for the decision of the panel are not admissible as evidence in an action subsequently brought in a court of law and are not evidence for any purpose in an action brought under 33-18-201, 33-18-242, or common law.   History: En. 17-1311, 17-1312 by Secs. 11, 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(6), (7), 17-1312(part); amd. Sec. 30, Ch. 12, L. 1979; amd. Sec. 8, Ch. 376, L. 1983; amd. Sec. 3, Ch. 59, L. 1995; amd. Sec. 1, Ch. 253, L. 2005.
MT Code § 27-7-101 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 7. Submission of Controversy Without Action|Part 1. General Provisions|27-7-101. When and in what court controversy may be submitted

  27-7-101. When and in what court controversy may be submitted. Parties to a question in difference which might be subject to a civil action may, without action, agree upon a case containing the facts upon which the controversy depends and present a submission of the same to any court which would have jurisdiction if an action had been brought, but it must appear by affidavit that the controversy is real and the proceedings in good faith to determine the rights of the parties.   History: En. Sec. 299, p. 106, Bannack Stat.; re-en. Sec. 355, p. 207, L. 1867; re-en. Sec. 429, p. 121, Cod. Stat. 1871; re-en. Sec. 455, p. 162, L. 1877; re-en. Sec. 455, 1st Div. Rev. Stat. 1879; re-en. Sec. 468, 1st Div. Comp. Stat. 1887; re-en. Sec. 2050, C. Civ. Proc. 1895; re-en. Sec. 7254, Rev. C. 1907; re-en. Sec. 9872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1138; re-en. Sec. 9872, R.C.M. 1935; R.C.M. 1947, 93-9501(part).
MT Code § 27-7-102 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 7. Submission of Controversy Without Action|Part 1. General Provisions|27-7-102. Action by court

  27-7-102. Action by court. The court must thereupon hear and determine the case and render judgment thereon as if an action were depending.   History: En. Sec. 299, p. 106, Bannack Stat.; re-en. Sec. 355, p. 207, L. 1867; re-en. Sec. 429, p. 121, Cod. Stat. 1871; re-en. Sec. 455, p. 162, L. 1877; re-en. Sec. 455, 1st Div. Rev. Stat. 1879; re-en. Sec. 468, 1st Div. Comp. Stat. 1887; re-en. Sec. 2050, C. Civ. Proc. 1895; re-en. Sec. 7254, Rev. c. 1907; re-en. Sec. 9872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1138; re-en. Sec. 9872, R.C.M. 1935; R.C.M. 1947, 93-9501(part).
MT Code § 27-7-103 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 7. Submission of Controversy Without Action|Part 1. General Provisions|27-7-103. Entry of judgment -- costs

  27-7-103. Entry of judgment -- costs. Judgment must be entered in the judgment book as in other cases but without costs for any proceeding prior to the trial.   History: En. Sec. 300, p. 106, Bannack Stat.; re-en. Sec. 356, p. 207, L. 1867; re-en. Sec. 430, p. 121, Cod. Stat. 1871; re-en. Sec. 456, p. 163, L. 1877; re-en. Sec. 456, 1st Div. Rev. Stat. 1879; re-en. Sec. 469, 1st Div. Comp. Stat. 1887; re-en. Sec. 2051, C. Civ. Proc. 1895; re-en. Sec. 7255, Rev. C. 1907; re-en. Sec. 9873, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1139; re-en. Sec. 9873, R.C.M. 1935; R.C.M. 1947, 93-9502; amd. Sec. 31, Ch. 12, L. 1979.
MT Code § 27-7-104 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 7. Submission of Controversy Without Action|Part 1. General Provisions|27-7-104. Enforcement of judgment -- appeal

  27-7-104. Enforcement of judgment -- appeal. The judgment may be enforced in the same manner as if it had been rendered in an action and is in the same manner subject to appeal.   History: En. Sec. 301, p. 106, Bannack Stat.; re-en. Sec. 357, p. 207, L. 1867; re-en. Sec. 431, p. 121, Cod. Stat. 1871; re-en. Sec. 457, p. 163, L. 1877; re-en. Sec. 457, 1st Div. Rev. Stat. 1879; re-en. Sec. 470, 1st Div. Comp. Stat. 1887; re-en. Sec. 2052, C. Civ. Proc. 1895; re-en. Sec. 7256, Rev. C. 1907; re-en. Sec. 9874, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1140; re-en. Sec. 9874, R.C.M. 1935; R.C.M. 1947, 93-9503.
MT Code § 27-8-101 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 8. Uniform Declaratory Judgments Act|Part 1. General Provisions|27-8-101. Short title

  27-8-101. Short title. This chapter may be cited as the "Uniform Declaratory Judgments Act".   History: En. Sec. 16, Ch. 16, L. 1935; re-en. Sec. 9835.16, R.C.M. 1935; R.C.M. 1947, 93-8916.
MT Code § 27-8-102 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 8. Uniform Declaratory Judgments Act|Part 1. General Provisions|27-8-102. Purpose -- liberal construction

  27-8-102. Purpose -- liberal construction. This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered.   History: En. Sec. 12, Ch. 16, L. 1935; re-en. Sec. 9835.12, R.C.M. 1935; R.C.M. 1947, 93-8912.
MT Code § 27-8-103 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 8. Uniform Declaratory Judgments Act|Part 1. General Provisions|27-8-103. Uniformity of interpretation

  27-8-103. Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.   History: En. Sec. 15, Ch. 16, L. 1935; re-en. Sec. 9835.15, R.C.M. 1935; R.C.M. 1947, 93-8915.
MT Code § 27-8-104 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 8. Uniform Declaratory Judgments Act|Part 1. General Provisions|27-8-104. Definition of person

  27-8-104. Definition of person. The word "person", wherever used in this chapter, shall be construed to mean any person, partnership, joint-stock company, unincorporated association, or society or municipal or other corporation of any character whatsoever.   History: En. Sec. 13, Ch. 16, L. 1935; re-en. Sec. 9835.13, R.C.M. 1935; R.C.M. 1947, 93-8913.
MT Code § 27-8-201 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 8. Uniform Declaratory Judgments Act|Part 2. Availability of Declaratory Judgments|27-8-201. Scope of power to render declaratory judgments

  27-8-201. Scope of power to render declaratory judgments. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.   History: En. Sec. 1, Ch. 16, L. 1935; re-en. Sec. 9835.1, R.C.M. 1935; R.C.M. 1947, 93-8901.