California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1360 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties shall have the following obligations with respect
					 to discovery in Arbitrations under this subchapter:
(a) Discovery (including inspection and
				  production of documents and records, depositions, interrogatories, admissions,
				  etc.) by agreement of the Parties is encouraged. For this purpose it is the
				  duty of the Parties or their counsel to communicate with each other before
				  initiating discovery to determine whether a reasonable agreement for discovery
				  can be made. This subsection does not limit or modify the rights and
				  obligations of the Parties with respect to discovery set forth in Section
				  1283.05
				  of the Code of Civil Procedure, except subdivision (e) thereof, as specified in
				  Section
				  10240.11
				  of the Public Contract Code.
(b)
				  Inspection and production of discoverable documents and records is the
				  preferred initial means of discovery.
(c) Notwithstanding the provisions of
				  Sections
				  2030
				  and
				  2033
				  of the Code of Civil Procedure, all original documents relating to
				  interrogatories and requests for admissions and all notices of the taking of
				  deposition and inspection and production of documents shall be filed with the
				  Office of Administrative Hearings and copies shall be served on all Parties to
				  the Arbitration.
(d) On request of
				  any Party made not less than 30 days prior to the hearing on the merits, each
				  Party shall notify the other Parties in writing of the identity and current
				  address of each expert witness to be presented as a witness at the hearing and
				  a brief narrative statement of the qualifications of such witnesses and the
				  general substance of the testimony which the witness is expected to give. At
				  the same time, the Parties shall also exchange all written reports prepared by
				  such witnesses and each Party shall have a reasonable opportunity to depose
				  such witnesses. The Arbitrator may permit a Party to call an expert witness not
				  included on the list upon a showing of good cause.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Repealer filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 360 to new section
					 1360 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Amendment of article heading and
					 renumbering and amendment of former section
					 1341 to new section
					 1360 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10240.11,
						Public Contract Code.