Both strike same panel QME (California)

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Both strike same panel QME (California)

Postby laesquire on Wed Jul 08, 2009 7:01 pm

Both sides strike the same Panel QME.

What do the parties do next to pick the final Panel QME?

Does a party strike one of the remaining, then use the remaining one?

Or is it whoever sets the exam first ?
:o
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Re: Both strike same panel QME (California)

Postby steelmanlaw on Thu Jul 09, 2009 8:54 am

Depends on whether we are in a "notice" as opposed to "race notice" jurisdiction. Or perhaps the mailbox rule applies. And stop complaining, the legislators are constitutionally presumed to know what they are doing.

But seriously (somewhat), perhaps you just ask for a new panel, unless you are able to work it out with opposing counsel.
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Re: Both strike same panel QME (California)

Postby postscript2 on Thu Jul 09, 2009 12:39 pm

I'd say that the party whom initiated getting the panel gets the second strike. Doubtful that you will get a 2nd PQME list. You could also flip a coin...

Better to just agree, it's a crap shoot anyway and there's always deposition possibilities if the PQME is way off base in either partys opinion.

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