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 Oregon. Under Oregon state law, pre-arbitration discovery requests are limited to certain procedures and materials. Discovery requests must be relevant and necessary to the dispute, and may not be used for “fishing” purposes. Additionally, the parties must cooperate and conduct the discovery process in a reasonable, cost-effective manner. During pre-arbitration discovery, parties generally have the right to obtain certain types of documents and information pertinent to the dispute, such as documents from either party or third-parties, as well as information from witnesses. The parties may also be able to take depositions of witnesses and participants in the dispute, request production of certain documents, and conduct other forms of discovery, such as interrogatories. In Oregon, discovery requests must typically be made in writing and sent to the other parties in the dispute. The parties then have a set amount of time to respond to the requests. Any disputes about the requests must be discussed and resolved before the arbitration hearing begins. If the parties cannot resolve the dispute, then the arbitrator will decide which requests are reasonable and necessary.

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