(a) Notice of Hearing. The panel shall set the date, time and place for the hearing. The panel shall send notice of the hearing to the parties not less than 30 but no more than 60 days in advance of the hearing date, unless otherwise agreed by the parties. To the extent feasible, the hearing shall be held no more than 90 days after the written notification of panel assignment required by Rule 4(g). (b) Representation by Counsel. Any party may be represented by counsel. (c) Recording of Proceedings. A party to the proceedings may make arrangements to have the hearing reported at the party's own expense, provided notice is given to the other parties and the panel at least five days prior to the scheduled hearing. If a party orders a transcript, that party shall provide a copy of the transcript to the panel free of charge. Any other party is entitled at his or her own expense to acquire a copy of the transcript by making arrangements directly with the reporter. A panel, in its discretion, may make arrangements to have a hearing reported and the parties may obtain a copy at their own expense. (d) Continuances. For good cause shown, a panel may continue a hearing upon the written request of a party or upon the panel's own motion. (e) Oaths and Affirmations. The testimony of witnesses shall be by oath or affirmation. (f) Panel Quorums. All three arbitrators shall be required for a quorum where the panel consists of three members. A panel of three arbitrators shall act with the concurrence of at least two arbitrators. (g) Appearance; Failure of a Party to Appear. At the panel's discretion, a party may be permitted to appear by telephonic conference call, video conference, computer-facilitated conference, or similar telecommunications equipment, provided all persons participating in the hearing can simultaneously hear each other during the hearing. Appearance by a party at a scheduled hearing shall constitute waiver by said party of any deficiency with respect to the giving of notice of hearing. The panel may proceed in the absence of any party or representative who, after due notice, fails either to be present or to obtain a continuance. A decision shall not be made solely on the default of a party. The panel shall require parties who are present to submit such evidence as the panel may require to issue a decision. (h) Waiver of Personal Appearance. Any party may waive personal appearance and submit testimony and exhibits by written declaration under oath to the panel. Such declarations shall be filed with the panel at least 10 days prior to the hearing. If all parties, in writing, waive appearances at a hearing, the matter may be decided on the basis of written submissions. If the panel concludes that oral presentations are necessary, the panel may schedule a hearing. (i) Testimony. At the panel's discretion, a witness may be permitted to testify by affidavit, deposition, telephonic conference call, video conference, computer-facilitated conference, or similar telecommunications equipment. (j) Stipulations. Agreements between the parties as to issues not in dispute and the voluntary exchange of documents prior to the hearing are encouraged. (k) Evidence. The panel shall accept such evidence as is relevant and material to the dispute and request additional evidence as necessary to understand and resolve the dispute. The Wyoming Rules of Evidence need not be strictly followed. The parties shall be entitled to be heard, to present evidence and to cross-examine parties and witnesses. The panel shall judge the weight, competence, credibility, relevance and materiality of the evidence. (l) Subpoenas. Upon request of a party and for good cause shown, or on its own initiative, the panel may issue subpoenas for witnesses or documents necessary to a resolution of the dispute. The requesting party shall be responsible for service of the subpoenas. (m) Reopening of Hearing. For good cause shown or upon its own initiative, the panel may reopen the hearing at any time before a decision is issued. (n) Death or Incompetency of a Party. In the event of death or incompetency of a party, the personal representative of the deceased party or the guardian or conservator of the incompetent may be substituted. (o) Burden of Proof. The burden of proof shall be on the lawyer to prove the reasonableness of the fee, as required by Rule 1.5 of the Wyoming Rules of Professional Conduct, by a preponderance of the evidence. (p) Discovery. Upon the written request of a party or the panel's own motion, discovery may be allowed to the extent deemed necessary by the panel at its sole discretion. Any request for discovery shall be submitted at least 30 days prior to a scheduled hearing. Wyo. R. State Bar, Att'y Cond. & Prac. 5
Adopted May 10, 2016, effective October 1, 2016.