Are there any special rules for discovery in a securities arbitration case?
Yes, there are special rules for discovery in a securities arbitration case held in Oregon. This is because each arbitration clause in an investment contract is governed by the Oregon Revised Statutes ("ORS") section 656. Included in this are the rules for discovery in a securities arbitration case, which are quite different from the rules applied in other civil disputes. The main discovery rules are contained in the Oregon Securities Law Rules, which include ORS 656.378. These rules cover the different types of discovery allowed in a securities arbitration, including depositions, interrogatories, documents production requests, requests for admissions, and requests for a physical or expert witness. All documents and information related to the dispute must be made available to the other party, and each side must produce whatever documents it has in its possession. The disclosing party must provide a full and complete answer to all questions posed during the discovery process. Failure to do so could result in sanctions from the arbitrator or a court. Additionally, all of the discovery conducted during a securities arbitration must be completed within a limited amount of time, as set by the arbitrator or court supervising the case. So, parties to a securities arbitration case must be aware of the rules for discovery in order to comply with their obligations. This ensures that the process is fair and equitable for all parties involved.
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