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§ 1360. Discovery.


Barclays Official California Code of Regulations Currentness
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
1 CCR § 1360
§ 1360. Discovery.
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.
Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240.5 and 10240.11, Public Contract Code.
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).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1360, 1 CA ADC § 1360
End of Document