(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 issued under this section shall 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 by the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
In order to make the proceedings fair, expeditious, and cost effective, upon the request of a party 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 a hearing or who is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
An arbitrator may permit such discovery as the arbitrator decides is appropriate in thecircumstances, 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.
If an arbitrator permits discovery under subsection (3) of this section, the arbitratormay 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 non-complying party to the extent a court could take such action if the controversy were the subject of a civil action; except that the arbitrator shall not have the power of contempt.
An arbitrator may issue a protective order to prevent the disclosure of privilegedinformation, 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.
All provisions of law that compel a person under subpoena to testify and all fees forattending a judicial proceeding, a deposition, or a discovery proceeding as a witness shall apply to an arbitration proceeding in the same manner as if the controversy were the subject of a civil action.
The court may enforce a subpoena or discovery-related order for the attendance of awitness 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 shall be served in the manner provided by law 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 provided by law for enforcement of subpoenas in a civil action.
Source: L. 2004: Entire part R&RE, p. 1725, § 1, effective August 4.
Editor's note: This section is similar to former § 13-22-209 as it existed prior to 2004.
Cross references: For the Colorado rule of civil procedure concerning subpoenas, see rule 45; for the fees of witnesses, see § 13-33-102.