Section 28020 - Discovery (California Code of Regulations)

§ 28020. Discovery

(a) Within thirty (30) days after the prehearing conference, the parties shall:

(1) Disclose the names and addresses of witnesses;

(2) Afford an opportunity to the other parties to inspect and copy any relevant documents or exhibits in the possession, custody, or control of the party; and,

(3) Exchange legible copies of all documents or exhibits to be offered in evidence.

(b) Not less than ten (10) days prior to the arbitration hearing, the parties shall provide any additional discovery that may be required as a result of the initial discovery.

(c) Except upon a showing of good cause, a party shall not be permitted to call a witness or introduce a document or exhibit that has not been disclosed, exchanged or made available pursuant to this section.

(d) Three (3) copies of all exhibits to be offered in evidence shall be provided by the parties, one for each arbitrator. The presiding arbitrator shall keep the copies of the exhibits which shall be designated as the exhibits for the official record.

(e) The arbitrators shall have the authority to decide necessary procedural and discovery questions, including defining or limiting the scope of discovery.

(1. New article 5 (sections 15020-15028) and section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2. Editorial correction of History1 (Register 96, No. 10). 3. New article 5 (sections 15020-15028) and section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 4. New article 5 (sections 15020-15028) and section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 5. New article 5 (sections 15020-15028) and section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day. 6. Certificate of Compliance as to 10-31-96 order, including new subsections (a)-(3), subsection relettering, amendment of newly designated subsection (b) and new subsection (c), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 7. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 4, article 5 (sections 15020-15028) to title 27, division 4, chapter 2, article 5 (sections 28020-28028) and renumbering title 22, section 15020 to title 27, section 28020 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).)

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923), TION sec 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.

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