Common use of Production of Documents Clause in Contracts

Production of Documents. (a) The Parties agree to exchange sworn Affidavits of Documents and make their documents available for Inspection or photocopying by each Party opposite by such date prior to the Hearing as determined by the Arbitrator. The Parties further agree that all relevant and producible documents shall be produced in chronological order to the extent reasonably feasible and that they will provide, in hard copy and electronic form, a list of all such documents with sufficient description to identify the documents. Documents for which privilege is claimed shall be listed by category with descriptions sufficient to disclose the foundation for the claimed privilege. Any documents in the possession, control or power of a corporation, employee or former employee which is or was affiliated in any way with one of the Parties shall be deemed to be a document in the possession, control or power of the Party with which that corporation, employee or former employee is or was affiliated, unless that Party, in good faith, is unable with reasonable efforts to obtain production of such documents. (b) Each Party shall be entitled to cross-examine the deponent of each other Party’s Affidavit of Documents. Such cross-examination will not exceed one, six-hour day, with no right of extension or recall. Each Party will examine each other Party’s deponent at the date and time established by the Arbitrator unless otherwise agreed by the Parties in writing.

Production of Documents. (a) The Parties agree to exchange sworn Affidavits of Documents and make their documents available for Inspection inspection or photocopying by each the Party opposite by such date prior to the Hearing as determined by the Arbitrator. The Parties further agree that all relevant and producible documents shall be produced in chronological order to the extent reasonably feasible and that they will provide, in hard copy and electronic form, a list of all such documents with sufficient description to identify the documents. Documents for which privilege is claimed shall be listed by category with descriptions sufficient to disclose the foundation for the claimed privilege. Any documents in the possession, control or power of a corporation, employee or former employee which is or was affiliated in any way with one of the Parties shall be deemed to be a document in the possession, control or power of the Party with which that corporation, employee or former employee is or was affiliated, unless that the Party, in good faith, is unable with reasonable efforts to obtain production of such documents. (b) Each Party shall be entitled to cross-examine the deponent of each the other Party’s Affidavit of Documents. Such cross-examination will not exceed one, six-hour day, with no right of extension or recall. Each Party will examine each the other Party’s deponent at the date and time established by the Arbitrator unless otherwise agreed by the Parties in writing.