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 North Carolina. Pre-arbitration discovery requests are regulated by the North Carolina Securities Arbitration Rules. According to the rules, both parties must agree to the request before it is granted. This means that both parties must agree to the amount of documents and information that will be exchanged. Additionally, all pre-arbitration discovery requests must be made in accordance with the time frame allowed by the rules. The parties must complete the discovery process within a certain number of days after the request is made. Furthermore, the cost of discovery is split between the parties. Each party must pay its own costs for obtaining and copying documents. In addition, each party must pay half of the costs associated with discovery experts. Finally, if a party fails to comply with the rules in regards to discovery requests, the other party can seek recourse through the court. The court may order the non-compliant party to pay the costs associated with the discovery request. In summary, there are restrictions on pre-arbitration discovery requests in securities arbitration in North Carolina. Both parties must agree to the request and comply with the time frame, cost splitting, and other requirements outlined in the North Carolina Securities Arbitration Rules. If a party fails to comply, the other party can seek recourse through the court.
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