Common use of Procedures and Discovery Clause in Contracts

Procedures and Discovery. A prehearing conference must take place to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, schedule the arbitration hearing, and attempt to narrow the issues. In order to expedite the arbitration proceedings, the parties agree to place the following limitations on discovery: (i) Each party may propound only 10 interrogatories (each subpart counting as one interrogatory) to each other party; (ii) The parties may serve document requests. Responsive documents are to be exchanged no later than 45 days after service of the request; (iii) Each party may depose up to 8 witnesses of each other party (including current and former employees and officers) and up to two non-party witnesses per each adverse party. Any party deposing an opponent’s expert witness must pay the expert’s fee for attending the deposition; and (iv) Parties may conduct additional discovery beyond the limitations of these express rules only by written stipulation or express permission from the arbitrator upon a showing of good cause.

Appears in 1 contract

Sources: Non Exclusive Dealer Agreement (Inphonic Inc)

Procedures and Discovery. A prehearing conference must take place to reach agreement on procedural matters, arrange for the exchange of information, obtain stipulations, schedule the arbitration hearing, and attempt to narrow the issues. In order to expedite the arbitration proceedings, the parties agree to place the following limitations on discovery: (i) Each party may propound only 10 interrogatories (each subpart counting as one interrogatory) to each other party; (ii) The parties may serve document requests. Responsive documents are to be exchanged no later than 45 days after service of the request; (iii) Each party may depose up to 8 witnesses of each other party (including current and former employees and officers) and up to two non-party witnesses per each adverse party. Any party deposing an opponent’s 's expert witness must pay the expert’s 's fee for attending the deposition; and (iv) Parties may conduct additional discovery beyond the limitations of these express rules only by written stipulation or express permission from the arbitrator upon a showing of good cause.

Appears in 1 contract

Sources: Exclusive Dealer Agreement (Homeland Integrated Security Systems, Inc.)