LMAR 4.2 - Discovery

SUPERIOR COURT CIVIL ARBITRATION RULE 4.2

DISCOVERY

   (a)  Additional Discovery.  In determining when additional discovery, beyond that directly authorized by SCCAR 4.2, is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses.  The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted.  Authorized discovery shall be conducted in accordance with the Superior Court civil rules, except that motions concerning discovery shall be determined by the arbitrator.

   (b)  Discovery Pending.  Discovery pending at the time the case is assigned to an arbitrator is stayed, pending order from the arbitrator, or except as the parties may stipulate, or except as authorized by SCCAR 4.2.

[Effective September 1, 2011; amended September 1, 2019; amended September 1, 2020]

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