Alaska R. Civ. P. 72.1

(a) Identification of Action. Either party in a health care

malpractice action subject to AS 09.55.536 may request that

the court appoint an expert advisory panel to evaluate the

claim. The request should identify the specialty of the health

care provider named as defendant. Either party may

recommend that the court appoint specific professions or

specialties to the expert advisory panel.

(b) Appointment of Panel.

(1) After the case is at issue and a party has requested the

appointment of an expert advisory panel (or the court has

raised the issue), the court shall nominate a three person panel

and notify the parties of the names, professions and specialties

of the persons so nominated. The court may initially nominate

alternate panel members if it believes nominees may be

disqualified. Within 10 days after service of this notice, either

party may move to disqualify a nominee, citing the reasons for

the motion. The other party may submit an opposition within

five days after service of the motion for disqualification. No

reply may be filed.

(2) The nominated panel members must inform the court

within 10 days of the notice of appointment of any financial

relationship with a party or party’s attorney, of any other

reason which would cause the nominee to be biased in the case

or present an appearance of bias, and of any other reason why

the nominee cannot serve on the panel. The court shall

disqualify a nominee if the nominee is biased for or against a

party or if a conflict of interest raises a substantial appearance

of bias.

(3) If additional nominees are required, the parties must

be given the opportunity to recommend nominees’ professions

or specialties and move to disqualify as provided above.

(c) Submission of Medical Records.

(1) Within 30 days after service of the court’s initial

panel nominations, the plaintiff and each health care provider

defendant shall serve on other parties one legible copy of all

discoverable medical records in such party’s possession,

custody, or control. Original exhibits which are impractical or

impossible to copy must be made available to all parties for

review. Medical reports of consultants retained by a party for

the advancement or defense of the case and medical literature

must also be served on other parties if such literature or reports

is to be submitted to the panel.

(2) Each party shall file with the Clerk and serve on each

other party a list of all medical records, medical reports and

medical literature which the party will transmit or make

available to the panel.

(3) Medical records include medical records of hospitals,

physicians, or other health care providers, addressing an issue

of health relevant to the plaintiffs’ complaint, whether

generated before or subsequent to the event giving rise to the

claim and whether generated by the health care provider

named in the complaint or by other health care providers.

Medical records also include autopsy reports and exhibits such

as x-rays and slides.

(4) Upon agreement of the parties or order of the court,

and after a reasonable time for inspection, each party shall

submit to each member of the panel one legible copy of such

party’s medical records, medical reports and medical literature,

and notify the panel members of the availability and location

of original exhibits for which submission to the panel is

impractical or impossible. If the plaintiff serves the defendant

with medical reports of consultants, the defendant has 30 days

to serve medical reports of its consultants on the plaintiff.

Thereafter, the reports may be submitted to the panel. Any

additional reports may be submitted only with leave of the

court.

(5) A party may file and serve on each member of the

panel a notice advising the panel of further relevant medical

records of which the noticing party does not have possession,

custody or control.

(6) In the event a party fails or is unable to submit

relevant medical records to the panel, and the panel is unable

to obtain access to such records by reason thereof, any party or

the panel may apply to the court for leave to obtain such

records by court order. The court may delay further

proceedings until the panel is provided with the additional

medical records.

(7) Within 30 days after service of the court’s initial

panel nominations, each party shall serve upon the panel and

all other parties the information and materials required to be

disclosed under Rule 26(a)(1)(A), (B), (C), and 26(a)(2).

(d) Preliminary Findings of Fact and Conclusions of

Law. A party may move the court to resolve issues of fact or

law prior to submission of the case to the panel, or to furnish

instructions of fact or law to the panel. Submission of the case

to the panel will be deferred pending determination of the

motion by the court.

(e) Instructions to Panel. The court shall provide the

panel with a written order which states:

(1) The questions listed in AS 09.55.536, clarified or

changed as the court deems appropriate to the case.

(2) That the panel is to prepare and submit to the court a

list of all persons interviewed, a list of treatises or medical

literature used by the panel in its deliberations, and a list of

exhibits it examined (such as X-rays, slides, and other items

which are not reproducible on paper).

(3) The general nature of the allegations made against

each health care provider and of the answer to those

allegations. Alternately, the court may submit a copy of the

complaint and the answer and advise the panel that they are to

address only the medical issues.

(4) That the panel or the Alaska State Medical

Association is to retain copies of medical records submitted to

them until further notice from the court. The court may make

special provision for the safekeeping or retention by the Clerk

of Court of X-rays or other original exhibits.

(5) That the panel must maintain a recording of any

testimony or oral statements of witnesses and shall keep copies

of all written statements the panel may receive or take, whether

from witnesses, consultants, or other sources.

(6) That the panel is to review the case of each health

care provider individually and render an individual, separate

opinion with regard to the allegations against each health care

provider.

(7) The name and location of the court personnel who

might assist the panel, and that the panel may communicate

with the court concerning any questions it may have, or make

any requests for assistance.

(8) Any matters of fact or law on which the court has

ruled, and that the panel is to review the matter in light of the

court’s finding and instructions on the law.

(9) That in the event parties are named as defendants

who are not health care providers, the panel’s consideration is

to be directed to the health care providers only.

(10) That the panel is not to communicate with the parties

or their attorneys, except to arrange to obtain or review an

original exhibit in the possession of one of the parties, or to

arrange an examination of the plaintiff, or to arrange an

interview with the plaintiff or health care provider, or to

arrange the scheduling of the testimony of a panel member at a

deposition or at trial.

(f) Interviews by the Panel.

(1) If an attorney desires to be present at an interview of

his or her client by the panel, the attorney must give reasonable

notice of an intent to do so to the other parties so they may also

appear at the interview. If the attorney for the person being

interviewed does not appear, no other attorney or party may

appear. An attorney appearing before the panel may not

question his or her client or any other persons appearing before

the panel, nor may an attorney or party cross-examine

witnesses or ask questions of the panel. A person being

interviewed by the panel may not be accompanied by any

representative other than the person’s attorney.

(2) Any party may request the panel to interview any

person or party.

(g) [Applicable to cases filed before August 7, 1997]

Discovery. Except by leave of court, no discovery may be

conducted until the report of the panel has been filed or until

80 days have elapsed from the date the case is at issue,

whichever is first to occur, unless discovery is further stayed

for good cause by order of the court.

(g) [Applicable to cases filed on or after August 7,

1997.] Discovery. Except by leave of court, no discovery may

be conducted until the report of the panel has been filed or

until 60 days after selection of the panel, whichever is first to

occur, unless discovery is further stayed for good cause by

order of the court.