State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-11 > 78b-11-11878B-11-118. Witnesses -- Subpoenas -- Depositions -- Discovery.
(1) An arbitrator may issue a subpoena for the attendance of a witness and for theproduction of records and other evidence at any hearing and may administer oaths. A subpoenamust be served in the manner for service of subpoenas in a civil action and, upon motion to thecourt by a party to the arbitration proceeding or the arbitrator, enforced in the manner forenforcement of subpoenas in a civil action.
(2) In order to make the proceedings fair, expeditious, and cost-effective, upon request ofa party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of anywitness to be taken for use as evidence at the hearing, including a witness who cannot besubpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditionsunder which the deposition is taken.
(3) An arbitrator may permit any discovery the arbitrator decides is appropriate in thecircumstances, taking into account the needs of the parties to the arbitration proceeding and otheraffected persons and the desirability of making the proceeding fair, expeditious, andcost-effective.
(4) If an arbitrator permits discovery under Subsection (3), the arbitrator may order aparty to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issuesubpoenas for the attendance of a witness and for the production of records and other evidence ata discovery proceeding, and take action against a noncomplying party to the extent a court couldif the controversy were the subject of a civil action in this state.
(5) An arbitrator may issue a protective order to prevent the disclosure of privilegedinformation, confidential information, trade secrets, and other information protected fromdisclosure to the extent a court could if the controversy were the subject of a civil action in thisstate.
(6) All laws compelling a person under subpoena to testify and all fees for attending ajudicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitrationproceeding as if the controversy were the subject of a civil action in this state.
(7) The court may enforce a subpoena or discovery-related order for the attendance of awitness within this state and for the production of records and other evidence issued by anarbitrator in connection with an arbitration proceeding in another state upon conditionsdetermined by the court so as to make the arbitration proceeding fair, expeditious, andcost-effective. A subpoena or discovery-related order issued by an arbitrator in another statemust be served in the manner provided by law for service of subpoenas in a civil action in thisstate 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 thisstate.
(8) Upon stipulation of the parties, or where a statute or the written agreement of theparties provides that discovery shall be conducted in accordance with the Rules of CivilProcedure, an attorney may issue a subpoena for the attendance of a witness and for theproduction of records and other evidence at any hearing. A subpoena must be served in themanner for service of subpoenas in a civil action and, upon motion to the court by a party to thearbitration proceeding, enforced in the manner for enforcement of subpoenas in a civil action.
Renumbered and Amended by Chapter 3, 2008 General Session
