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Every party may have witnesses present at the hearing, and the tribunal may summon its own witnesses. All witnesses, except those who are also parties, will be excused from the hearing after completion of their testimony and cross-examination, unless otherwise provided for in the Code of Ethics and Arbitration Manual (Revised 11/14)
All parties appearing at the hearing may be called as witnesses without advance notice. Any party who intends to call additional witnesses at the hearing must provide the Board and all other parties with the names of these witnesses at least fifteen (15) days prior to the hearing. Failure to provide this information within the time specified will constitute a waiver of the right to call those witnesses at the hearing, unless the other party agrees to allow their testimony. (Revised 11/14)
In any case where all of the names of witnesses a party intends to call at the hearing have not been provided within the time specified, if the Hearing Panel Chair believes that the testimony of that witness(es) is essential to ensure due process, the testimony may be permitted provided the other party has the right to request that the hearing be recessed and continued to a date certain not less than five (5) days later. (Revised 11/23)
Questions as to whether a member who has been called as a witness but who refuses to appear, or asserts that his appearance will result in an unreasonable hardship, shall be determined by the Hearing Panel Chair as soon as practical. Refusal to appear, after the Chair has determined that the member’s appearance is required, may result, at the Chair’s discretion, in charges that Article 14 has been violated being filed against the member. (Adopted 11/93)