§ 8.01-581.3:1.Completion of discovery; hearing date; notification to parties and panel members; oath of panel members.
Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 1993 · Last verified July 16, 2026
Full Text of § 8.01-581.3:1
Plain-English Summary
Once the Supreme Court designates a panel, the clock starts running. The clerk of the circuit court gets the panelists’ names right away, and absent good cause, discovery must wrap up within 120 days of the date the panel was requested. After consulting the panel members, the judge sets a hearing or convening date that can’t fall sooner than ten days after discovery closes.
When discovery ends, the clerk sends the parties each panelist’s name, address, and professional practice, and separately notifies the panelists themselves, in writing, of their appointment. That notification isn’t just a formality — it includes the definitions of “impartial attorney” and “impartial health care provider” from § 8.01-581.1, plus the text of the oath every panelist must take.
The oath itself requires a panelist to swear that they have no past or present relationship with the parties, are unaware of anything that would compromise their impartiality, and will render an opinion faithfully and impartially based on the evidence, drawing on their professional expertise and giving due regard to the claim and the provider’s practice. If a designated panelist cannot take that oath in good conscience, they must say so in writing to the presiding judge, who notifies the Supreme Court so it can appoint a replacement practicing the same profession.
Frequently Asked Questions
How long do the parties normally have to complete discovery before the panel proceeding?
Discovery must ordinarily be completed within 120 days from the date the panel was requested, except for good cause shown.
How soon after discovery closes can the hearing or convening date be set?
Not sooner than ten days after the date set for completion of discovery.
What must the written notification to panel members include?
The definitions of “impartial attorney” and “impartial health care provider” from § 8.01-581.1, and a copy of the oath the panel member will have to take when the panel convenes.
What happens if a panel member can’t swear the impartiality oath?
They must promptly notify the presiding judge in writing, and the Supreme Court then selects and notifies a replacement panel member who practices the same profession as the disqualified one.
What does the impartiality oath require a panelist to swear?
That the panelist has no past or present relationship with the parties, is aware of nothing that would prevent impartial deliberation, and will render an opinion faithfully and impartially on the evidence, applying professional expertise and giving due regard to the claim and the provider’s practice.
Amendment History
1986, c. 227; 1993, c. 928.