Are there any restrictions on pre-arbitration discovery requests in securities arbitration?
Yes, there are restrictions on pre-arbitration discovery requests in securities arbitration in New Hampshire. Discovery requests may be limited by the applicable rules or by agreement of the parties. Additionally, a court may impose limitations if a discovery request is overly broad in scope or overly expensive. The rules governing the arbitration process in New Hampshire are set forth in the New Hampshire Rules of Civil Procedure and the New Hampshire Uniform Arbitration Act. These rules provide guidance on the pre-arbitration discovery process. In particular, they provide general guidelines on the types of information and documents that can be requested and the procedures for making such requests. In general, pre-arbitration discovery requests in securities arbitration are governed by the New Hampshire Rules of Civil Procedure and the New Hampshire Uniform Arbitration Act. The rules provide that discovery requests are limited to information that is relevant to the dispute, that is not unduly burdensome, and that is not privileged or otherwise protected. Additionally, the requesting party must provide good cause for the request and must show that the information sought is necessary to the parties’ case. Moreover, the New Hampshire Uniform Arbitration Act also requires the parties to engage in mediation prior to any arbitration proceedings. During mediation, the parties may rely on the rules of mediation to request discovery from their opponent. In general, discovery requests during mediation are more limited in scope than those made during traditional pre-arbitration discovery.
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