Discovery in Arbitration Sample Clauses
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Discovery in Arbitration. Each Party shall have the right to take the deposition of one individual, and of each expert witness designated by the other Party. Each Party shall further be entitled to production of relevant documents and things, and timely identification of fact and expert witnesses, as further provided in the JAMS Rules. Additional discovery may be had where the arbitrator pursuant to the JAMS Rules so orders, upon a showing of need. The arbitrator shall have the authority to allow for appropriate discovery and exchange of information before a hearing, including, but not limited to, production of paper and electronic documents, production of things, information requests, depositions and subpoenas.
Discovery in Arbitration. Each party will cooperate fully with respect to sharing of information in all arbitration proceedings. Within ten (10) days of the appointment of the panel of arbitrators, each party shall send to each other party copies of all documents, agreements, contracts, reports, charts, correspondence, notes, files, photographs, videotapes, audiotapes, and any other tangible thing that might be relevant to the issues pending in arbitration. Additionally, within ten (10) days of the appointment of the panel of arbitrators, each party shall send to each other party a list of the names, addresses, and telephone numbers of fact witnesses and expert witnesses who have information that might be relevant to the issues pending in arbitration. The party preparing the list shall also indicate which witnesses it plans to call in the arbitration hearing. Any documents claimed by a party to be privileged and exempt from discovery (as provided under the New York Rules of Civil Procedure) must be identified by the party claiming the privilege. Any document not so identified shall be considered to be not exempt and shall be provided to each other party as provided above. Each party shall be required to update its automatic disclosure as new information that might be relevant to the issues in arbitration is learned by that party. In addition to the initial and updated automatic disclosure, each party may engage in discovery in the form of written interrogatories, depositions of witnesses, and requests for the production, inspection, and copying of documents to the same extent as allowed by the New York Rules of Civil Procedure, as modified herein. The time for responding to discovery requests shall be ten (10) days. All discovery shall be completed within two (2) months after the appointment of the panel of arbitrators, unless the time for discovery is extended for good cause by the panel. The costs, including attorneys’ fees, of obtaining any information by way of interrogatory, deposition, or request for production that should have been provided by the other party by way of automatic disclosure shall be borne by the party who failed to make full automatic disclosure as provided above. The arbitration panel shall decide any disputes regarding discovery.
Discovery in Arbitration. Each Party shall have the same discovery rights as afforded under the Federal Rules of Civil Procedure during arbitration.
Discovery in Arbitration. Each party will cooperate fully with respect to sharing of information in all arbitration proceedings.Within ten (10) days of the appointment of the panel of arbitrators, each party shall send to each other party copies of all documents, agreements, contracts, reports, charts, correspondence, notes, files, photographs, videotapes, audiotapes, computer diskettes, compact disks, and any other tangible thing that might be relevant to the issues pending in arbitration.The party preparing the list shall also include which witnesses it plans to call in the arbitration hearing.Any documents claimed by a party to be privileged and exempt from discovery (as provided under the Florida Rules of Civil Procedure) must be identified by the party claiming the privilege.Any document not so identified shall be considered to be not exempt and shall be required to update its automatic disclosure as new information that might be relevant to the issues in arbitration is learned by that party. In addition to the initial and updated automatic disclosure, each party may.engage in discovery in the form of written interrogatories, depositions of witnesses, and requests for the production, inspection, and copying of documents to the same extent as allowed by the Florida Rules of Civil Procedure, as modified herein the time for responding to discovery requests shall be ten (10) days.All discovery shall be completed within two (2) months after the appointment of the panel of arbitrators, unless the time for discovery is extended for good cause by the panel.The costs, including attorney's fees, of obtaining any information by way of interrogatory, deposition, or request for production that should have been provided by the other party by way of automatic disclosure shall be borne by the party who failed to make full automatic disclosure as provided above. The arbitrator shall decide any disputes regarding discovery.
Discovery in Arbitration. Discovery in any arbitration conducted under this Agreement shall be limited to the following and must be carried out in accordance with the Federal Rules of Civil Procedure:
Discovery in Arbitration. Notwithstanding any other provision herein, the Parties in binding arbitration shall be entitled to discover all documents and information reasonably necessary for a full understanding of any legitimate issue raised in the arbitration. The Parties may use all methods of discovery available under the State of California discovery statutes and shall be governed thereby. Prior to the deposition of any expert witness, the Party proposing to call such a witness shall provide a full and complete report by the expert, together with the expert's calculations and other data by which the expert reached any opinions concerning the subject matter of the arbitration. The report shall be provided no less than ten (10) calendar days prior to the date set for the expert witness' deposition. The Federal Rules of Evidence shall be applied in the arbitration but liberally construed to allow for the admission of evidence that is helpful in resolving the controversy.
Discovery in Arbitration. Discovery in any arbitration hereunder shall be limited to the following: (1) the production of each party’s hard document project files as they are maintained in the ordinary course of business and any file index related to same with all such documents being produced in Jacksonville, Florida; (2) the production of each party’s electronic documents provided that the party requesting such electronic documents shall be responsible to pay for all costs associated with such production, including attorneys’ fees incurred in the review for privilege and relevance, third-party consultant fees and any other costs associated with such electronic production (the payment of all such costs is an express condition precedent to either party’s right to any electronic production, and the cost associated with obtaining electronic discovery. To the extent this conflicts with any provision in the AAA rules, this provision shall control.); (3) three (3) fact depositions with one being a corporate representative under the Federal Rules of Civil Procedure if so requested with all such depositions to take place in Jacksonville, Florida; (4) the deposition of any experts that intend to testify at the arbitration hearing; (5) thirty (30) calendar days prior to any expert deposition, all experts that will testify at the final hearing shall provide a report containing all of his/her opinions and information/documents/facts relied upon in arriving at such opinions, along with a current resume; (6) the issuance of third party subpoenas for documents (the other party herein, shall be entitled to a copy of all documents provided in response to a third party subpoena provided that it has to pay for the copy cost but shall be entitled to use a third party to make such copies); and (7) an itemized statement of damages with all supporting documents related to same.
