§ 13-22-217 — Witnesses - subpoenas - depositions - discovery

Colorado § 13-22-217

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Age of Competence - Arbitration

Text

(1) 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 issued under this section 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 by the arbitrator, enforced in the manner for enforcement
of subpoenas in a civil action.

(2) In order to make the proceedings fair, expeditious, and cost effective,
upon the request of a party 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 a hearing or who is
unable to attend a hearing. The arbitrator shall determine the conditions under
which the deposition is taken.

(3) 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.

(4) If an arbitrator permits discovery under subsection (3) of this section, 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 non-complying party to the extent a court
could take such action if the controversy were the subject of a civil action; except
that the arbitrator shall not have the power of contempt.

(5) 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.

(6) All provisions of law that compel a person under subpoena to testify and
all fees for attending a judicial proceeding, a deposition, or a discovery proceeding
as a witness shall apply to an arbitration proceeding in the same manner as if the
controversy were the subject of a civil action.

(7) 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 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.

Legislative History

Source: L. 2004: Entire part R&RE, p. 1725, � 1, effective August 4.