[§658A-17]  Witnesses; subpoenas;
depositions; discovery.  (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 shall be served in the manner
for service of subpoenas in a civil action and, upon 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, upon 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 upon 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 shall be served in the manner provided by law
for service of subpoenas in a civil action in this State and, upon 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. [L 2001, c 265, pt of §1]