§ 90-21.63. Witnesses; discovery; depositions; subpoenas. - North Carolina Statutes

§ 90‑21.63.  Witnesses;discovery; depositions; subpoenas.

(a)        General Conduct ofArbitration; Experts. – The arbitrator may conduct the arbitration in suchmanner as the arbitrator considers appropriate so as to aid in the fair andexpeditious disposition of the proceeding subject to the requirements of thissection and G.S. 90‑21.64. Except as provided in subsection (b) of thissection, each side shall be entitled to two experts on the issue of liability,two experts on the issue of damages, and one rebuttal expert.

(b)        Experts in Case ofMultiple Parties. – Where there are multiple parties on one side, thearbitrator shall determine the number of experts that are allowed based on theminimum number of experts necessary to ensure a fair and economic resolution ofthe action.

(c)        Discovery. – NotwithstandingG.S. 90‑21.64(a)(1), unless the arbitrator determines that exceptionalcircumstances require additional discovery, each party shall be entitled to allof the following discovery from any other party:

(1)        Twenty‑fiveinterrogatories, including subparts.

(2)        Ten requests foradmission.

(3)        Whatever is allowedunder applicable court rules for:

a.         Requests forproduction of documents and things and for entry upon land for inspection andother purposes; and

b.         Requests forphysical and mental examinations of persons.

(d)        Depositions. – Eachparty shall be entitled to all of the following depositions:

(1)        Depositions of anyparty and any expert that a party expects to call as a witness. – Except byorder of the arbitrator for good cause shown, the length of the deposition of aparty or an expert witness under this subdivision shall be limited to fourhours.

(2)        Depositions of otherwitnesses. – Unless the arbitrator determines that exceptional circumstancesrequire additional depositions, the total number of depositions of personsunder this subdivision shall be limited to five depositions per side, each ofwhich shall last no longer than two hours and for which each side shall beentitled to examine for one hour.

(e)        Subpoenas. – Anarbitrator may issue a subpoena for the attendance of a witness and for theproduction of records and other evidence at any hearing and may administeroaths. A subpoena shall be served in the manner for service of subpoenas in acivil action and, upon the motion to the court by a party to the arbitrationproceeding or by the arbitrator, enforced in the manner for enforcement ofsubpoenas in a civil action. (2007‑541, s. 1.)