C.R.S. Section 13-22-217
Witnesses

  • subpoenas
  • depositions
  • discovery

(1)

An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena issued under this section shall be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or by the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

(2)

In order to make the proceedings fair, expeditious, and cost effective, upon the request of a party or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for a hearing or who is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(3)

An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.

(4)

If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a non-complying party to the extent a court could take such action if the controversy were the subject of a civil action; except that the arbitrator shall not have the power of contempt.

(5)

An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action.

(6)

All provisions of law that compel a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness shall apply to an arbitration proceeding in the same manner as if the controversy were the subject of a civil action.

(7)

The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state shall be served in the manner provided by law for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action.

Source: Section 13-22-217 — Witnesses - subpoenas - depositions - discovery, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑22‑101
Competence of persons eighteen years of age or older 13‑22‑102
Minors - consent for medical care and treatment for use of drugs or a substance use disorder 13‑22‑103
Minors - consent for medical, dental, and related care 13‑22‑103.5
Minors - consent for medical care - pregnancy 13‑22‑104
Transplants and transfusions generally - declaration of policy - limit on liability of minors 13‑22‑105
Minors - consent - contraception 13‑22‑106
Minors - consent - sexual offense 13‑22‑107
Legislative declaration - definitions - children - waiver by parent of prospective negligence claims 13‑22‑201
Definitions 13‑22‑202
Notice 13‑22‑203
Applicability 13‑22‑204
Effect of agreement to arbitrate - nonwaivable provisions 13‑22‑205
Application for judicial relief 13‑22‑206
Validity of agreement to arbitrate 13‑22‑207
Motion to compel or stay arbitration 13‑22‑208
Provisional remedies 13‑22‑209
Initiation of arbitration 13‑22‑210
Consolidation of separate arbitration proceedings 13‑22‑211
Appointment of arbitrator - service as a neutral arbitrator 13‑22‑212
Disclosure by arbitrator 13‑22‑213
Action by majority 13‑22‑214
Immunity of arbitrator - competency to testify - attorney fees and costs 13‑22‑215
Arbitration process 13‑22‑216
Representation by attorney 13‑22‑217
Witnesses - subpoenas - depositions - discovery 13‑22‑218
Judicial enforcement of pre-award ruling by arbitrator 13‑22‑219
Award 13‑22‑220
Change of award by arbitrator 13‑22‑221
Remedies - fees and expenses of arbitration proceeding 13‑22‑222
Confirmation of award 13‑22‑223
Vacating award 13‑22‑224
Modification or correction of award 13‑22‑225
Judgment on award - attorney fees and litigation expenses 13‑22‑226
Jurisdiction 13‑22‑227
Venue 13‑22‑228
Appeals 13‑22‑229
Uniformity of application and construction 13‑22‑230
Saving clause 13‑22‑301
Short title 13‑22‑302
Definitions 13‑22‑303
Office of dispute resolution - establishment 13‑22‑304
Director - assistants 13‑22‑305
Mediation services 13‑22‑306
Office of dispute resolution programs - mediators 13‑22‑307
Confidentiality 13‑22‑308
Settlement of disputes 13‑22‑310
Dispute resolution fund - creation - source of funds 13‑22‑311
Court referral to mediation - duties of mediator 13‑22‑312
Applicability 13‑22‑313
Judicial referral to ancillary forms of alternative dispute resolution 13‑22‑501
Short title 13‑22‑502
Legislative declaration 13‑22‑503
Definitions 13‑22‑504
Agreement for alternative dispute resolution 13‑22‑505
Applicability 13‑22‑506
Choice of language 13‑22‑507
Immunity 13‑22‑601
Contracts pertaining to marijuana enforceable 13‑22‑701
Short title 13‑22‑702
Legislative declaration 13‑22‑703
Definitions 13‑22‑704
Notification concerning abortion 13‑22‑705
No notice required - when 13‑22‑706
Penalties - damages - defenses 13‑22‑707
Judicial bypass - rules 13‑22‑708
Limitations
Green check means up to date. Up to date

Current through Fall 2024

§ 13-22-217’s source at colorado​.gov