Title 27, Title 27

If there are multiple defendants, the case against each 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 defendants.

(1) A panel member or proposed 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 panel m…

(1) Subject to subsection (2), the director shall choose a date, time, and place for hearing and give prompt notice thereof to the parties involved, their attorneys, and the members of the panel. The hearing date may not be more than 120 days after transmittal of the application …

(1) At the time set for hearing, the claimant must be present and give a brief statement of the claimant's case, including the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The chiropractic physician against whom the claim is brou…

(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. The supplemental hearing must be held at a date and time no…

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.

Upon consideration of all relevant evidence, 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.

The deliberations of the panel are confidential. Each vote of the panel on a question for discussion must be by secret ballot. The decision must be by a majority vote of those voting members of the panel who sat during the case.

(1) The decision must: (a) be in writing and signed by the presiding officer; (b) contain only the conclusions reached by a majority of the panel; and (c) list the number of dissenting members, if any. (2) The majority may briefly explain the reasoning and the basis for its decis…

A copy of the decision must be given to the parties and their attorneys and retained in the permanent files of the panel.

The panel's decision is without administrative or judicial authority and is not binding upon a party. The panel may recommend an award or approve a settlement agreement. An approved settlement agreement is binding on the parties.

(1) Upon receipt of an application by the director, the running of an applicable limitation period in a malpractice claim is tolled as to each chiropractic physician named as a party and as to each other person or entity named as a necessary or proper party for a court action tha…

The director shall maintain records of all proceedings before the panel. The record must include the nature of the act or omission complained of, a brief summary of the evidence, the decision of the panel, and any majority or dissenting opinions filed. Records that identify a par…

(1) A panel member must not be called to testify in any proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel. (2) A decision of the panel is not admissible as evidence in an action subsequently brought in a court of law.

When an application for an order of arrest, injunction order, and writ of attachment or two of them is made in the same action against the same defendant and it satisfactorily appears that, under the particular circumstances of the case, two or all of them are not necessary for t…

Whenever the defendant interposes a counterclaim and demands an affirmative judgment against the plaintiff, the defendant's right to a provisional remedy is the same as it would be in an action brought by the defendant against the plaintiff for the cause of action stated in the c…

Where an application is made to obtain, vacate, modify, or set aside an order of arrest, injunction order, or writ of attachment, the court or judge must finally decide the same within 20 days after it is submitted for decision.

An order to arrest the defendant may be endorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable at the time of serving the summons and brought before the justice and there detained until duly discharged, in the cases ment…

Before an order of arrest can be made, the party applying shall prove to the satisfaction of the justice, by the affidavit of the party or some other person, the facts upon which the application is founded. The plaintiff shall also execute and deliver to the justice a written und…

The defendant, immediately upon being arrested, must be taken to the office of the justice who made the order. If the justice is absent or unable to try the action or if it appears to the justice by the affidavit of defendant that the justice is a material witness in the action, …

The officer making the arrest shall immediately give notice of the arrest to the plaintiff or the plaintiff's attorney or agent and endorse on the summons and subscribe a certificate, stating the time of serving the summons and the time of arrest and of the officer giving notice …

The officer making the arrest shall keep the defendant in custody until the defendant is discharged by order of the justice. The officer may not be bound to keep the defendant under arrest more than 24 hours unless the plaintiff pays each day the expenses of keeping the defendant…

The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the fact…

No person may be arrested before judgment in a civil action except as prescribed by this chapter.

The defendant may be arrested in the following cases: (1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud the defendant's creditors; (2) i…

An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought.

The order may be made at the time of issuing the summons or at any time afterwards before judgment.

The order must be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists and that the case is one of those mentioned in 27-16-102.

Before making the order, the judge shall require a written undertaking on the part of the plaintiff, with at least two sufficient sureties, to the effect that, if the defendant recovers judgment or if the court finally decides that the plaintiff was not entitled to an order of ar…

Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the state and worth double the sum specified in the undertaking, over and above all the surety's debts and liabilities, exclusive of property exempt…

The order must require the sheriff of the county where the defendant may be found to arrest the defendant and hold the defendant to bail in a specified sum and to return the order at a time specified in the order to the clerk of the court in which the action is pending.

The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff who, upon arresting the defendant, shall deliver the defendant a copy of the affidavit and also, if the defendant desires, a copy of the order of arrest.

The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. However, the sheriff is not bound to keep the defendant under arrest more than 24 hours unless the plaintiff advances each day the expense of keeping the d…

If after being arrested the defendant escapes or is rescued, the sheriff is liable as bail, but the sheriff may be discharged from liability by the giving justification of bail at any time before judgment.

If a judgment is recovered against the sheriff upon the sheriff's liability as bail and an execution is returned unsatisfied in whole or in part, the same proceeding may be had on the sheriff's official bond for the recovery of the whole or any deficiency as in other cases of del…

A defendant arrested may, at any time before justification of bail, apply to the judge who made the order or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be mad…

If, upon such application, it satisfactorily appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it satisfactorily appears that the bail was fixed too high, the amount shall be reduced.

The defendant, at any time before execution, is discharged from arrest either upon giving bail or upon depositing the amount mentioned in the order, as provided in this chapter.

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant must at all time…

The qualifications of bail must be as follows: (1) Each of them must be a resident and householder or freeholder within the county. (2) Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over an…

(1) Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the return endorsed on the order, together with a copy of the undertaking of the bail. The sheriff shall retain th…

Within 5 days after receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff's attorney notice of the justification of the same or other bail, specifying the place of residence and occupation of the attorney, before a judge of the court or clerk of t…

For the purpose of justification, each of the bail shall attend before the judge or clerk at the time and place specified in the notice and may be examined on oath, on the part of the plaintiff, touching the bail's sufficiency, in a manner that the judge or clerk, in the judge's …

If the judge or clerk finds the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the allowance on the examination, and cause them to be filed, and the sheriff is then exonerated from liability.

At any time before judgment or within 10 days after the judgment, the bail may surrender the defendant in their exoneration or the defendant may surrender to the sheriff of the county where the defendant was arrested.

For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may arrest the defendant or, by a written authority endorsed on a certified copy of the undertaking, may empower the sheriff to arrest the defendant.