12-3017

12-3017. Witnesses; subpoenas; depositions;
discovery

(Eff. 1/1/11)

A. An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, on
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner for enforcement of subpoenas in a civil action.

B. In order to make the proceedings fair, expeditious and cost effective, on
request of a party to or a witness in an arbitration proceeding, an arbitrator may permit
a deposition of any witness to be taken for use as evidence at the hearing, including a
witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator
shall determine the conditions under which the deposition is taken.

C. An arbitrator may permit such discovery as the arbitrator decides is appropriate
in the circumstances, taking into account the needs of the parties to the arbitration
proceeding and other affected persons and the desirability of making the proceeding fair,
expeditious and cost effective.

D. If an arbitrator permits discovery under subsection C, the arbitrator may order
a party to the arbitration proceeding to comply with the arbitrator's discovery related
orders, issue subpoenas for the attendance of a witness and for the production of records
and other evidence at a discovery proceeding and take action against a noncomplying party
to the extent a court could if the controversy were the subject of a civil action in this
state.

E. An arbitrator may issue a protective order to prevent the disclosure of
privileged information, confidential information, trade secrets and other information
protected from disclosure to the extent a court could if the controversy were the subject
of a civil action in this state.

F. All laws compelling a person under subpoena to testify and all fees for
attending a judicial proceeding, a deposition or a discovery proceeding as a witness
apply to an arbitration proceeding as if the controversy were the subject of a civil
action in this state.

G. The court may enforce a subpoena or discovery related order for the attendance
of a witness within this state and for the production of records and other evidence
issued by an arbitrator in connection with an arbitration proceeding in another state on
conditions determined by the court so as to make the arbitration proceeding fair,
expeditious and cost effective. A subpoena or discovery related order issued by an
arbitrator in another state must be served in the manner provided by law for service of
subpoenas in a civil action in this state and, on motion to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner provided by law for
enforcement of subpoenas in a civil action in this state.