RULE 4.2
DISCOVERY
(a) 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 civil
rules except that motions concerning discovery shall be
determined by the arbitrator.
(b) Discovery Pending at the Time Arbitrator is
Assigned. 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.
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