Power of Subpoena; Enforcement; Use of Discovery; Opportunity to Examine Documents; Compensation of Witnesses

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Arbitration
  5. General Provisions
  6. Arbitration Code
  7. Power of Subpoena; Enforcement; Use of Discovery; Opportunity to Examine Documents; Compensation of Witnesses

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  1. The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.
  2. Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators.
  3. A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
  4. Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.

(Code 1933, § 7-310, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, §9-9-89; Code 1981, §9-9-9, as redesignated by Ga. L. 1988, p. 903, § 1.)

Law reviews.

- For article, "Methods for Discovery in Arbitration," see 13 Ga. St. B.J. 22 (2008).

JUDICIAL DECISIONS

Arbitrator not required to issue subpoenas at party's request.

- O.C.G.A. § 9-9-9(a) did not require an arbitrator to issue subpoenas on behalf of a party, but only provided that an arbitrator "may" issue subpoenas. Further, the buyers of a home proceeded with the arbitration against their builder despite the lack of subpoenas or a witness list, thereby waiving any error. America's Home Place, Inc. v. Cassidy, 301 Ga. App. 233, 687 S.E.2d 254 (2009).

RESEARCH REFERENCES

ALR.

- Discovery in federal arbitration proceedings under discovery provision of Federal Arbitration Act (FAA), 9 USCS § 7, and Federal Rules of Civil Procedure, as permitted by Fed. R. Civ. P. 81(a)(6)(B), 45 A.L.R. Fed. 2d 51.


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