§ 1-569.17. Witnesses; subpoenas; depositions; discovery. - North Carolina Statutes

§ 1‑569.17.  Witnesses;subpoenas; depositions; discovery.

(a)        An arbitrator mayissue a subpoena for the attendance of a witness and for the production ofrecords and other evidence at any hearing and may administer oaths. A subpoenashall 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 thearbitrator, enforced in the manner for enforcement of subpoenas in a civilaction.

(b)        In order to makethe proceedings fair, expeditious, and cost‑effective, upon request of aparty to or a witness in an arbitration proceeding, an arbitrator may permit adeposition 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 ahearing. The arbitrator shall determine the conditions under which thedeposition is taken.

(c)        An arbitrator maypermit any discovery the arbitrator decides is appropriate under thecircumstances, taking into account the needs of the parties to the arbitrationproceeding and other affected persons and the desirability of making theproceeding fair, expeditious, and cost‑effective.

(d)        If an arbitratorpermits discovery under subsection (c) of this section, the arbitrator mayorder a party to the arbitration proceeding to comply with the arbitrator'sdiscovery‑related orders, issue subpoenas for the attendance of a witnessand 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 thecontroversy were the subject of a civil action in this State.

(e)        An arbitrator mayissue a protective order to prevent the disclosure of privileged information,confidential information, trade secrets, and other information protected fromdisclosure to the extent a court could if the controversy were the subject of acivil action in this State.

(f)         All lawscompelling a person under subpoena to testify and all fees for attending ajudicial proceeding, a deposition, or a discovery proceeding as a witness applyto an arbitration proceeding as if the controversy were the subject of a civilaction in this State.

(g)        The court mayenforce a subpoena or discovery‑related order for the attendance of awitness within this State and for the protection of records and other evidenceissued by an arbitrator in connection with an arbitration proceeding in anotherstate upon conditions determined by the court so as to make the arbitrationproceeding fair, expeditious, and cost‑effective. A subpoena or discovery‑relatedorder issued by an arbitrator in another state shall be served in the mannerprovided 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 thearbitrator, enforced in the manner provided by law for enforcement of subpoenasin a civil action in this State.

(h)        An arbitrator shallnot have the authority to hold a party in contempt of any order the arbitratormakes under this section. A court may hold parties in contempt for failure toobey an arbitrator's order, or an order made by the court, pursuant to thissection, among other sanctions imposed by the arbitrator or the court. (1927, c. 94, ss. 10, 11;1973, c. 676, s. 1; 2003‑345, s. 2.)