§ 32-29.3-17 — Witnesses - Subpoenas - Depositions - Discovery

North Dakota § 32-29.3-17

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-29.3: Uniform Arbitration Act

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 must 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.
2. 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.
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, 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.
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 in this state.
6. 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.
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 must 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.