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 Mexico. Generally, discovery in securities arbitration must be limited to the documents or information that are necessary and relevant to the issues in dispute. All parties to the arbitration must receive sufficient notice of the discovery requests so that they may object to the scope of the request. Generally, a party may not request information that might be embarrassing or oppressive, or irrelevant to the dispute. In some instances, pre-arbitration discovery requests may require a court order if the party making the request believes he or she cannot obtain the necessary documents or information otherwise. If a court order is necessary to obtain the desired information, then the party making the request must meet the burden of proof as to the relevancy, necessity, and admissibility of the evidence in the dispute. New Mexico law also limits the types of documents which may be requested during pre-arbitration discovery. Generally, documents related to the business of the party making the request and relevant to the dispute can be requested. However, documents that are of a personal nature are typically not discoverable. By adhering to these regulations, parties to securities arbitration in New Mexico can ensure that discovery requests are properly narrowed to the most relevant information for the dispute.

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Are there any restrictions on pre-arbitration discovery requests in securities arbitration?

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