S.B. 116 Enrolled

ARBITRATION - USE OF SUBPOENA
AUTHORIZED
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Dan R. Eastman

LONG TITLE
General Description:
This bill authorizes attorneys to issue subpoenas in arbitration cases.
Highlighted Provisions:
This bill:
. allows attorneys, upon stipulation of the parties, to issue subpoenas for witnesses
and evidence in arbitration cases.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78-31a-118, as enacted by Chapter 326, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-31a-118 is amended to read:
78-31a-118. Witnesses -- Subpoenas -- Depositions -- Discovery.
(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 any discovery 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.
(8) Upon stipulation of the parties, or where a statute or the written agreement of the
parties provides that discovery shall be conducted in accordance with the Rules of Civil
Procedure, an attorney may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing. 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, enforced in the manner for enforcement of subpoenas in a civil action.