(a) An arbitration hearing shall be informal and the rules of evidence shall be those applicable to arbitrations conducted pursuant to article seventy-five of this chapter.
§ 7559.Hearing; evidence; record; neutral experts
Article 75-A. Health Care Arbitration · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 7559 makes health care arbitration hearings informal with Article 75 evidence rules, requires sworn testimony recorded for the parties, and lets the panel call its own neutral expert witness subject to cross-examination.
Full Text of CPLR 7559
(b) Testimony at the hearing shall be taken under oath and a record of the proceedings shall be made by a recording device. Any party may obtain a copy of the recording of the proceeding, which shall be provided without charge. A party, at that party’s expense, may also utilize the services of a stenographic reporter. The cost of any transcription ordered by the panel of arbitrators for its own use shall be deemed part of the cost of the proceedings.
(c) The panel on its own motion may call a neutral expert witness who shall be subject to cross-examination by the parties. The cost of the expert will be deemed a cost of the proceeding.
Plain-English Summary
Subdivision (a) keeps the hearing itself informal, applying the same rules of evidence used in ordinary arbitrations conducted under Article 75. That informality doesn't extend to the reliability of the testimony taken, though: subdivision (b) requires testimony to be given under oath, with a recording device capturing the proceedings. Any party can get a copy of that recording without charge, and a party who wants a stenographic record instead can arrange one at their own expense. If the panel itself orders a transcript for its own use, that cost gets folded into the overall cost of the proceeding.
Subdivision (c) gives the panel a tool parties don't control: on its own motion, the panel may call a neutral expert witness, and that witness is subject to cross-examination by the parties like any other witness. The cost of that expert becomes part of the cost of the proceeding, spreading the expense rather than assigning it to whichever side didn't want the expert called.
Frequently Asked Questions
What evidence rules apply at a health care arbitration hearing?
The same rules of evidence applicable to arbitrations conducted under Article 75 of the CPLR, and the hearing itself is informal.
Is testimony recorded at these hearings?
Yes. Testimony is given under oath, and a recording device captures the proceedings. Any party can obtain a copy free of charge.
Can a party get a stenographic transcript instead of the recording?
Yes, at that party's own expense. If the panel itself orders a transcript for its own use, that cost is treated as part of the cost of the proceeding.
Can the arbitration panel call its own expert witness?
Yes. The panel may call a neutral expert witness on its own motion, and that witness is subject to cross-examination by the parties.
Who pays for the neutral expert the panel calls?
The cost of the panel's own expert witness is deemed a cost of the proceeding, rather than being billed to whichever party did not request the expert.
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: health care arbitration hearing rulesneutral expert witness arbitrationrecording arbitration testimonyinformal arbitration hearing evidence