Rule 60-2-1-.20. Discovery

Rule 60-2-1-.20. Discovery

1. (1) Either the consumer or the manufacturer may obtain copies of documents or information in the possession of the opposing party by making a written request to the opposing party for the documents or information. The opposing party shall provide the documents or information as soon as possible, provided:

   1. (a) It has the documents and/or information in its possession or can readily retrieve or compile them; and,
   2. (b) The requested documents and/or information are germane to the case and compliance with the request would not be unduly burdensome.

2. (2) If the documents and/or information are not provided to the requesting party, the party may write to the panel and request that the arbitrator direct the documents or information be produced. The arbitrator shall direct the opposing party to produce the documents or information if:

   1. (a) Compliance with the request comports with the provisions of subsection (1);
   2. (b) The documents and/or information can be made available to the panel and the requesting party prior to hearing; and,

   3. (c) The arbitrator believes the documents or information will reasonably assist him or her in deciding the case.

      The arbitrator may convene a telephone hearing with the parties for purposes of making a determination pursuant to this paragraph.

3. (3) If a party does not comply, or show good cause why it could not comply, with the arbitrator's direction to produce the documents or information, the arbitrator(s), when deciding the case, may draw a negative inference concerning any issue involving such documents or information.

Authority: O.C.G.A. §§ 10-1-786, 10-1-795.

History. Original Rule entitled "Discovery" adopted. F. May 16, 2016; eff. June 5, 2016