LMAR 4.2
DISCOVERY
(a) Additional Discovery. In determining when additional discovery beyond
that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator
shall balance the benefits of discovery against the burdens and expenses. The
arbitrator shall consider the nature and complexity of the case, the amount in
controversy, values at stake, the discovery that has already occurred, the
burdens on the party from whom discovery is sought, and the possibility of
unfair surprise which may result if discovery is restricted. Authorized
discovery shall be conducted in accordance with the superior court civil rules
except that motions concerning discovery shall be determined by the arbitrator.
(b) Discovery Pending. Discovery pending at the time the case is assigned
to an arbitrator is stayed pending order from the arbitrator or except as the
parties may stipulate or except as authorized by MAR 4.2.
Adopted effective September 1, 2011
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