PRETRIAL ADJUDICATION
...Judicial Arbitration
......Award & Postarbitration Matters
.........Post-Award Discovery
9 Cards On This Topic:

In general, no postarbitration discovery allowed except by stipulation or leave of court upon good cause showing.

General rules of civil discovery apply to arbitration.

Exception: Discovery must be completed not later than 15 days before hearing, subject to showing of good cause for extension of time in which to complete discovery.

Exception: Parties may exchange of expert witness lists.

Guidelines for determining good cause for post arbitration discovery include necessity, diligence, delay in trial, purposes of arbitration, whether same person requested trial, prejudice and hardship.

Good cause for postarbitration discovery not shown when same conditions existed before arbitration when necessary discovery could have been conducted.

Ct. "not required to permit" D to delay and complicate P's lawsuit by bringing in 3d party after P filed for trial de novo; 3d party then requested late discovery.

Insistence on completing discovery before arbitration substantially increases parties' arbitration costs, undermining major goal of compulsory arbitration to provide less costly forum.

When case submitted to arbitration by P's election rather than mandatorily, postarbitration discovery not precluded.