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1. Scope and Purpose of Rules. |
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These MAT Arbitration Rules (the "Rules") shall govern the
procedure for arbitrations conducted by Mediation Arbitration Team ("MAT"). They
shall be construed and administered to secure the just, speedy, and inexpensive
determination of the matters arbitrated. |
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2. Applicability of Rules. |
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(a) MAT Arbitration Rules Govern;
Exceptions. The parties to an arbitration conducted by MAT shall be deemed
to have made these Rules a part of their arbitration agreement and shall be legally
bound to comply with the Rules, unless the parties and the arbitrator have agreed,
in writing, to conduct the arbitration pursuant to other rules, which shall be specifically
described in such written agreement. |
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(b) Effective Date; Statutory
Provisions. MAT may amend these Rules without notice. These Rules and any
amendments or modifications hereto shall apply in the form existing at the time
arbitration is initiated and shall be considered in conjunction with and not in
lieu of any applicable provisions of the Colorado Uniform Arbitration Act (C.R.S.
§§ 13-22-201, et seq.) (the "Act"). If any of these Rules, or any modification of
these Rules agreed on by the parties, is determined to be in conflict with applicable
law, applicable law will apply, and no other Rule shall be affected. |
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(c) Rules Agreed to by Parties.
The parties to an arbitration conducted by MAT may agree on procedures to govern
the arbitration not included in and not in conflict with the Rules. The procedures
agreed to by the parties shall be in writing, signed by all parties to the arbitration,
and promptly delivered to MAT. |
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3. Team Arbitration. |
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(a) Selection of Consulting Arbitrator.
When an arbitration is commenced, the arbitrator will select another MAT arbitrator
with whom the selected arbitrator will consult (the "consulting arbitrator") concerning
the arbitration. The MAT arbitrator so selected will be identified to the parties
to the arbitration and is subject to their approval. |
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(b) Consultation. The
arbitration will be conducted by a single arbitrator. However, during the pendency
of the arbitration proceeding, the arbitrator will consult with the consulting arbitrator
on all significant legal and factual issues from time to time as the selected arbitrator
deems necessary. During the arbitration hearing, the arbitrator will consult daily
with the consulting arbitrator to discuss the day's testimony and legal issues of
the day's hearing. Prior to entering the arbitration award, the arbitrator will
consult with the consulting arbitrator concerning the findings of fact and conclusions
of law to be included in the arbitration award. Pursuant to Rule 15(a), no fees
for the time expended by the consulting arbitrator will be charged. |
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(c) Opt-Out Provision.
The parties may agree, in a writing entered into at any time until 10 days after
the Case Management Conference conducted pursuant to Rule 7, that the provisions
of sections (a) and (b) of this Rule will not apply to the arbitration. If the parties
do not so agree, the provisions of sections (a) and (b) of this Rule shall apply
to the arbitration. |
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4. Initiation of Arbitration; Pleadings. |
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(a) Initiation of the Arbitration |
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(1) To initiate an arbitration
with MAT, one or more of the parties to a dispute should contact the MAT Scheduling
Coordinator to select the arbitrator. The party or parties initiating the arbitration
should provide the MAT Scheduling Coordinator with the names, physical addresses,
and e-mail addresses of all parties to the arbitration, including the names and
addresses of counsel representing a party. |
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(2) The party or parties
initiating the arbitration shall inform the MAT Scheduling Coordinator that the
arbitration has been commenced based on one of the following: |
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(i) The
parties have entered into a post-dispute agreement to submit the dispute to MAT
for arbitration; or |
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(ii) Prior
to the dispute arising, the parties were parties to a contract that provided for
resolution of a dispute under the contract by arbitration by MAT; or |
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(iii) A
court has entered an order compelling arbitration by MAT. |
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The party initiating the arbitration shall then furnish to MAT the written agreement
signed by all parties or a copy of the court order. |
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(3) If the arbitration
is being commenced based on the provisions of Rule 4(a)(2)(ii), the party commencing
the arbitration shall promptly file a claim for relief subject to Rule 5(a) and
shall serve the claim on the opposing party, together with a summons, as provided
in C.R.C.P. 4. |
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(4) MAT will then send
to each party an Engagement letter, which shall: |
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(i) Confirm
that MAT has agreed to conduct the arbitration, setting forth MAT's fee schedule
and payment requirements. |
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(ii) Disclose
to all parties to the arbitration any conflicts of interest the selected arbitrator
may have, as well as any facts known to the arbitrator that a reasonable person
would consider likely to affect the impartiality of the arbitrator in the arbitration,
including a personal or financial interest in the outcome of the arbitration and
any current or previous relationship with any of the parties to the arbitration,
their counsel or other representatives, or a witness. The duty of the arbitrator
under this Rule shall be continuing. |
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(5) Written confirmation
of the agreement to have the arbitration conducted by MAT shall be signed by all
parties and submitted to MAT to institute the arbitration process. |
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The arbitrator will then send to each party explanatory materials and preliminary
documents. The arbitrator, after making reasonable inquiry, shall disclose to all
parties to the arbitration any known facts that a reasonable person would consider
likely to affect the impartiality of the arbitrator in the arbitration proceeding,
including a personal or financial interest in the outcome of the arbitration proceeding
and any current or previous relationship with any of the parties to the arbitration,
their counsel or representatives, or a witness. The duty of the arbitrator under
this Rule shall be a continuing duty. |
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(6) Written confirmation
of the agreement to arbitrate must be signed by all parties and submitted to MAT
to initiate the arbitration process. |
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(b) Designation of Parties.
The agreement to arbitrate should designate the party or parties who will be the
claimant(s) (the "Claimant(s)") in the arbitration and the parties who will be the
respondent(s) (the "Respondent(s)"). |
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(c) Claim for Arbitration.
Within 10 days after filing the agreement to arbitrate, the Claimant(s) shall file
a Claim for Arbitration (the "Claim"). |
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(d) Response and Counterclaims.
Within 20 days after service of the Claim on the Respondent(s), Respondent(s) shall
file a response (the "Response"), together with any counterclaims ("Counterclaim"
or "Counterclaims") which Respondent(s) shall assert against Claimant(s). |
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(e) Reply to Counterclaim.
If a Counterclaim is asserted against Claimant(s), within 15 days after service
of the Counterclaim on Claimant(s), Claimant(s) shall file a reply ("Reply") to
the Counterclaim. |
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(f) Payment of Fees.
The Engagement Letter shall set forth the requirement for payment of fees to MAT.
If the fees required in the Engagement Letter are not timely paid, MAT may order
suspension or termination of the arbitration. Prior to ordering suspension or termination,
MAT shall notify all parties to the arbitration, to permit one of the parties to
pay the required and unpaid amount. Suspension for non-payment of fees shall toll
any time limits contained in these Rules, applicable statutes, or any agreement
of the parties. |
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(g) Pleadings to Conform to
Rules. All pleadings filed pursuant to this Rule shall conform to the provisions
of Rule 5 hereof. |
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5. Rules of Pleading. |
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(a) Claim for Relief.
The Claim shall set forth a short and plain statement of the claims made, showing
that Claimant is entitled to relief and a demand for relief to which Claimant claims
to be entitled. Claimant may seek relief in the alternative or several different
types of relief may be demanded. |
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(b) Defenses; Denials.
The party responding to a Claim (the "Respondent") shall state in short and plain
terms Respondent's defenses to the Claim and shall admit or deny the averments of
the Claim. If Respondent is without knowledge or information sufficient to form
a belief as to the truth of the averment, Respondent shall so state, and this has
the effect of a denial. Respondent shall also assert any counterclaim or cross-claim
against Claimant which is subject to arbitration. |
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(c) Affirmative Defenses; Mitigating
Circumstances. In pleading to a preceding pleading, a party shall set forth
affirmatively all affirmative defenses which it asserts or any other matter constituting
an avoidance of the Claim. Any mitigating circumstances to reduce the Claim shall
be affirmatively asserted. |
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(d) Pleadings to be Concise
and Direct. All pleadings shall be simple, concise, and direct. When a pleader
is without direct knowledge, allegations may be made on information and belief. |
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(e) Captions. Each pleading
shall contain a caption that indicates it is a MAT arbitration, the MAT arbitration
number assigned to the arbitration, the names of Claimant and Respondent, and the
name, address, telephone number, facsimile number, and e-mail address of the person
signing the pleading. A sample follows at the end of this Rule. |
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(f) Form and Quality of the
Pleadings. Every pleading or other document filed with MAT shall contain
a caption in compliance with Section (e) of this Rule and shall otherwise comply
with C.R.C.P. 10. |
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(g) Signing of Pleadings.
All pleadings shall be dated and signed by the representative of the party. Signature
on a pleading constitutes the verification by the party on whose behalf the pleading
has been signed that the party has read the pleading and that to the best of the
party's knowledge, information, and belief, formed after reasonable inquiry, the
contents of the pleading are true, accurate, and correct. |
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(h) Other Pleading Issues.
To the extent any party raises a pleading issue not dealt with in these Rules, the
Colorado Rules of Civil Procedure shall apply. |
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6. Service of Process; Electronic Filing. |
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(a) Electronic Filing and Service
Required. After the agreement to arbitrate has been filed with MAT pursuant
to Rule 4(a)(5), all pleadings shall thereafter be electronically filed ("e-filed")
with the arbitrator and simultaneously electronically served ("e-served") on all
other parties. |
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(b) Date and Time of Filing.
A pleading transmitted to the arbitrator and each other party electronically by
11:59 p.m. Colorado time shall be deemed to have been filed and/or served on that
date. |
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(c) Documents Requiring Signatures.
All e-filed or e-served documents requiring signatures of attorneys, parties, witnesses,
notaries, and notarial stamps may be in the "s/ name" typed form to satisfy signature
requirements, once the necessary signatures have been obtained on the paper form
of the document. |
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(d) Filing Party to Maintain
Signed Copy. A printed or printable copy of an e-filed or e-served document,
with original or scanned signatures, shall be maintained by the filing party for
a period of two years after the final resolution of the issues arbitrated. |
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(e) Arbitrator's Notices, Orders,
etc. All notices, orders, or other communications from the arbitrator to
the parties shall be e-served. |
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(f) Computation of Time.
In computing any period of time prescribed by these Rules, C.R.C.P. 6 shall apply.
The date a pleading or document is e-filed or e-served pursuant to Rule 6(b) shall
be the date used in computation of other dates relating to the matter so e-filed
or e-served. |
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7. Case Management Conference; Case Administration. |
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(a) Setting. Within
10 days after the case is at issue, the MAT Scheduling Coordinator shall schedule
a Case Management Conference with the arbitrator. |
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(b) At-Issue Date. For
the purpose of this Rule, a case shall be deemed "at issue" at such time as all
parties have been served with and all permitted pleadings have been filed or defaults
or dismissals have been entered against all non-appearing parties or at such other
time as the arbitrator may set. |
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(c) Written Notification to
Arbitrator. At least 2 business days before the date set for the Case Management
Conference, all parties to the arbitration shall jointly notify the arbitrator,
in writing, of the following: |
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(1) If the MAT Rules
are not to govern the arbitration, the agreed upon rules governing the arbitration
shall be set forth. |
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(2) If the parties have
agreed to opt out of the provisions of Rules 3(a) and 3(b) pursuant to Rule 3(c),
both parties shall so state. |
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(3) If the parties have
agreed to opt-out of the provisions of Rule 12(c) and to have Rule 12(d) govern
the form of the arbitration award, both parties shall so state. |
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(4) If the arbitrator
is to award reasonable attorney fees and costs of the arbitration, the arbitrator
shall be furnished a copy of a written agreement concerning the awarding of attorney
fees and costs, or all parties and their attorneys shall have signed an agreement
adopting Rule 14. |
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(d) Case Management Conference.
At the Case Management Conference, the following shall occur: |
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(1) The hearing date(s)
for the arbitration shall be set. |
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(2) The consulting arbitrator
shall be approved. |
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(3) The date for disclosures
pursuant to Rule 10(a) shall be set. |
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(4) The discovery schedule
shall be set. |
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(5) A determination shall
be made as to whether pretrial motions shall be permitted and, if to be permitted,
the schedule for filing pretrial motions. |
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(6) The date upon which
the parties must exchange lists of witnesses and exhibits to be used at the arbitration
hearing shall be set. |
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(7) The date shall be
set upon which each party must submit a trial brief, which shall contain a brief
statement of the facts of the case, including claims and defenses; a brief
statement of applicable law; and an itemization of relief sought. The trial briefs
shall not have exhibits attached. |
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(e) Case Management Order.
Within 10 days after the Case Management Conference, the party initiating the arbitration
shall prepare and submit an agreed upon Case Management Order containing the matters
determined pursuant to this Rule and those matters agreed upon in the Case Management
Conference. The Case Management Order shall thereafter govern the conduct of the
arbitration as to the matters set forth therein. |
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(f) Case Administration.
The arbitrator shall have the authority to set administrative or other conferences
relating to the administration or conduct of the arbitration. |
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8. Conduct Of Proceedings. |
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(a) Authority of Arbitrator.
The arbitrator shall have broad authority to conduct the arbitration proceedings
in the manner that the arbitrator considers appropriate for a fair and expeditious
disposition of the arbitration. This includes the authority to (1) determine pre-hearing
matters, (2) order a party to answer reasonable questions, and (3) enter orders
resolving discovery disputes. The arbitrator shall have the authority to determine
the relevance, admissibility, materiality, and weight of the evidence. The arbitrator
shall have the authority to resolve all points of controversy in the dispute and
award appropriate relief after hearing the evidence and applying the law to the
applicable facts. The arbitrator shall hear and decide the controversy on the evidence
produced, even if a party who was duly notified of the arbitration proceeding does
not appear. Upon the request of a party to the arbitration, and for good cause shown,
or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing
to a time as necessary but may not postpone the hearing to a time later than that
fixed by the agreement to arbitrate, unless the parties consent to a later date. |
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(b) Limitation on Authority
of Arbitrator. The limits on the authority of the arbitrator set forth in
the Act shall be applicable to the arbitration, unless (1) the Act provides that
any limitations may be waived and (2) the parties and the arbitrator agree, in writing,
to such waiver. Any other limits on the authority of the arbitrator must be agreed
on in writing by the parties prior to initiation of the arbitration process. Such
limits may include restrictions on the authority of the arbitrator to award equitable
or other relief. |
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(c) Jurisdictional and Arbitrability
Disputes. The arbitrator shall determine all matters concerning the existence,
validity, or scope of the agreement under which the arbitration is to be conducted,
as well as issues relating to who are proper parties to the arbitration. |
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(d) Rights of Parties.
Each party to an arbitration has a right to be heard, to present evidence material
to the controversy, and to cross-examine witnesses appearing at the hearing. |
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(e) Withdrawal From Arbitration.
No party may terminate or withdraw from the arbitration after the agreement to arbitrate
has been filed with MAT pursuant to Rule 4(a)(4) except by written agreement of
all parties to the arbitration. |
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(f) Withdrawal of Counterclaim.
A party that has asserted a counterclaim may unilaterally withdraw that counterclaim
without prejudice by serving written notice of withdrawal. Any other party may,
within 14 days of service of the notice of withdrawal of the counterclaim, request
the arbitrator to rule that the withdrawal be with prejudice. The arbitrator shall
then determine whether the withdrawal is with or without prejudice. |
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9. Witnesses; Subpoenas. |
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(a) Authority of Arbitrator.
The 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
in accordance with the provisions of C.R.S. § 13-22-217(1). A subpoena issued under
this Rule shall be served in the manner for service of subpoenas in a civil action
in Colorado State Courts. |
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(b) Depositions of Witnesses.
Upon the request of a party or a witness in an arbitration proceeding, the arbitrator
may permit the 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 such
a deposition is to be taken. |
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(c) Discovery. The arbitrator
may issue a subpoena for the attendance of a witness and for the production of records
and other evidence at a discovery proceeding and take such actions against a non-complying
party as the arbitrator deems necessary, 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. |
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(d) Protective Order.
The 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. |
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(e) Provisions of Law Applicable.
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 the arbitration proceeding conducted pursuant to these
Rules in the same manner as if the controversy were the subject of a civil action. |
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10. Discovery. |
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(a) Disclosures. Within
20 days after the case is at issue, the parties shall comply with C.R.C.P. 26(a)(1). |
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(b) Expert Witness.
Expert witnesses shall be permitted only upon a showing of good cause, made by motion,
to the arbitrator. |
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(c) Scope of Discovery.
The scope of discovery permitted shall be as set forth in C.R.C.P. 26(b)(1). |
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(d) Limitations. Except
upon order for good cause shown, determined in accordance with C.R.C.P. 26(b)(2)(F),
discovery shall be limited as follows: |
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(1) A party may take
one deposition of each adverse party and of two other persons. If expert testimony
is permitted, each party may also take the deposition of each expert witness designated
by any other party. Depositions shall be governed by C.R.C.P. 26, 28, 29, 30, 31,
32, and 45. |
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(2) A party may serve
on each adverse party 30 written interrogatories, each of which shall consist of
a single question. |
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(3) A party may serve
on each adverse party 20 requests for production of documents or tangible things
pursuant to C.R.C.P. 34. Each request for production of a document shall consist
of a single request. |
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(4) A party may serve
on each adverse party 20 requests for admissions pursuant to C.R.C.P. 36. Each request
for admission shall consist of a single request. A party may also serve on each
adverse party requests for admission of the genuineness of up to 50 separate documents
that the party intends to offer into evidence at the arbitration hearing. |
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(e) Claims of Privilege or Protection
of Trial Preparation Materials; Protective Order. The provisions of C.R.C.P.
26(b)(5), 26(c), and 37 shall apply. |
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(f) Timing of Commencement of
Discovery. Except by order of the arbitrator or by agreement of the parties,
discovery shall not commence until after the Case Management Conference is held
pursuant to Rule 7 hereof. |
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(g) Supplementation of Disclosures
and Responses. The provisions of C.R.C.P. 26(c) shall apply. |
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(h) Signing of Disclosures,
Discovery Requests, Responses, and Objections. The provisions of C.R.C.P.
26(g) shall apply. |
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(i) Discovery Disputes.
The provisions of C.R.C.P. 37 apply to discovery disputes. If the arbitrator hears
and determines a motion filed relating to a discovery dispute, the arbitrator will
ordinarily award expenses to the prevailing party or may impose such other sanctions
as are just. |
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11. Summary Judgment. |
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Motions for summary judgment are discouraged. If a party
does file a motion for summary judgment, the provisions of C.R.C.P. 56 shall apply.
If a party files a motion for summary judgment, the arbitrator will issue an order
setting a briefing schedule. |
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12. Arbitration Hearing. |
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(a) Trial Briefs. At
least 7 days prior to the arbitration hearing, each party shall file a trial brief
outlining the legal issues to be resolved in the arbitration and a concise recitation
of the facts necessary to be considered in determining the legal issues to be resolved.
The trial brief shall contain no more than 15 single-spaced pages. No exhibits or
appendices shall be included in the trial brief. |
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(b) List of Exhibits.
At least 7 days prior to the arbitration hearing, each party shall file a list of
exhibits it intends to introduce into evidence at the arbitration hearing. Objections
to the exhibits proposed by an opposing party shall be filed at least 3 business
days prior to the arbitration hearing date and shall contain a concise basis for
each objection. |
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(c) Witnesses. All witnesses
in the arbitration hearing shall testify under oath as if in a court of law. Witnesses
may appear telephonically pursuant to C.R.C.P. 43(i). |
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(d) Closing Arguments; Post-Hearing
Briefs. At the conclusion of the presentation of all evidence, the arbitrator
may permit oral closing arguments or may request the parties to submit written closing
arguments. The arbitrator may also require the filing of post-hearing briefs on
such issues as the arbitrator may direct. |
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(e) Default; Failure to Attend
Hearing. The arbitrator may not render an award on the basis of the default
or absence of a party who has been served pursuant to Rule 4(a)(3), but shall require
the party seeking relief to submit evidence to support the award sought. |
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(f) Transcription of Hearing. |
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(1) Any party may arrange
for a stenographic or other transcription of the arbitration hearing to be made.
The party seeking to arrange for the stenographic or other transcription of the
hearing shall notify each other party and MAT at least 7 days prior to the date
set for the arbitration hearing. If all parties agree to share the cost of transcription
of the proceedings, it shall be made available to the arbitrator and may be used
in the arbitration hearing. |
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(2) If the parties do
not agree to share the cost of transcription of the arbitration hearing, it may
not be provided to the arbitrator and may not be used in the proceeding unless the
party arranging for transcription (i) agrees to provide the transcribed record to
all other parties to the arbitration at no cost to such other parties or (ii) provides
terms that are satisfactory to all other parties and the person transcribing the
hearing. |
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(3) Unless agreed to
in writing by all parties, the cost of transcribing the hearing shall not be awarded
as costs in the arbitration. |
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(g) Waiver of Hearing.
The parties may agree to waive the arbitration hearing and submit the matter to
arbitration on written submissions, which shall include an agreed-upon statement
of facts. |
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(h) Sequestration of Witnesses.
Upon request by any party, the arbitrator may enter an order excluding non-parties
and their counsel from the arbitration hearing. |
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13. Arbitration Award. |
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(a) Arbitration Award.
The arbitration award shall be in writing. The arbitration award shall contain findings
of fact and conclusions of law, which findings of fact and conclusions of law shall
deal with each issue raised in the parties' trial briefs. The arbitration award
shall be rendered by the arbitrator within the time set forth in Appendix A to these
Rules. |
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(b) Arbitration Award Opt-Out
Provision. The parties to an arbitration may, by written agreement expressly
so providing, opt out of the requirement contained in Section (a) of this Rule that
the arbitration award contain findings of fact and conclusions of law dealing with
each issue raised in the parties' trial briefs. If the parties opt out, then the
award shall designate the prevailing party and, if applicable, the amount of damages
or other relief to which the prevailing party is entitled. |
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14. Confidentiality. |
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(a) Proprietary or Confidential
Information. The arbitrator may issue such orders as the arbitrator believes
are reasonably necessary to protect the confidentiality of proprietary or confidential
information. |
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(b) Proceedings. The
arbitrator and MAT shall maintain the confidential nature of the arbitration proceeding
and the award, unless otherwise required by statute or judicial decision. |
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15. Fees. |
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(a) Arbitrator Fees.
MAT charges only for the fees of the selected arbitrator. No fees are charged for
the time expended by the consulting arbitrator. |
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(b) Obligation of Parties.
Each party to the arbitration shall pay its pro rata share of fees due to MAT pursuant
to the requirements and in the amounts set forth in the Engagement Letter. The parties
may agree among themselves to a different allocation of payment of MAT fees. |
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(c) Joint and Several Obligation.
The obligation to pay MAT fees is a joint and several obligation of the party and
the attorney or other representative of the party. |
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(d) Deposit of Fees.
MAT requires that all fees due to MAT be deposited at least 14 days prior to the
commencement of the arbitration. Failure to deposit the fees due to MAT may result
in: |
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(1) The administrative
suspension of the arbitration. |
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(2) The arbitration may
preclude a party that has failed to deposit its pro rata share of the fees from
offering evidence of any affirmative claim at the arbitration. |
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(e) Award of MAT Fees.
If a party has paid more than its proportionate share of fees to MAT, the arbitration
award may contain an award against the non-depositing party in the amount of fees
owed by that party. |
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16. Waiver. |
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(a) Violation of Rules.
If a party becomes aware of a violation of, or a failure to comply with, these Rules,
the party shall promptly file a written objection. If a party fails to promptly
object to a violation of, or a failure to comply with, these Rules, the objection
shall be deemed waived by the party failing to object, unless the arbitrator concludes
that enforcement of the waiver would be substantially unjust or would subject the
party to substantial hardship. |
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(b) Disqualification of Arbitrator.
If any party becomes aware of any information that would be the basis of a challenge
for cause to the continued service of the arbitrator, the party shall promptly file
written notice thereof. If a party fails to promptly file such written notice, the
objection to the continued service of the arbitrator shall be deemed waived. |
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17. Immunity of Arbitrator; Competency to Testify;
Attorney Fees and Costs. |
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(a) Immunity. MAT and
the arbitrator shall have immunity from civil liability as set forth in C.R.S. §
13-22-214. |
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(b) Competency to Testify.
MAT and each arbitrator shall not be competent to testify pursuant to the provisions
of C.R.S. § 13-22-214. |
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(c) Attorney Fees and Costs.
If any person commences a civil action against an arbitrator, MAT, or a representative
of MAT arising from the services of an arbitrator in an arbitration proceeding,
or if a person seeks to compel an arbitrator or any representative of MAT to testify
or produce records pursuant to Rule 16(b) hereof, and the court decides that the
arbitrator, MAT, or its representative is immune from civil liability or that the
arbitrator, MAT, or its representative is not competent to testify, either pursuant
to the Rules or pursuant to the Colorado Uniform Arbitration Act of 2004, the court
shall award to the arbitrator, MAT, or its representative reasonable attorney fees
and reasonable expenses of litigation, which shall include reasonable compensation
to the arbitrator, MAT, or its representative for the time expended in defending
the suit. |
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18. General Rules Concerning MAT Arbitrations. |
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(a) Rules of Evidence.
The Colorado Rules of Evidence, as would be applied in a bench trial, shall govern
the admissibility of evidence in all arbitrations. |
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(b) Colorado Rules of Civil
Procedure. Except as modified in these Rules, the Colorado Rules of Civil
Procedure shall apply to all arbitrations. |
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(c) Interpretation of Rules.
In the event of a dispute concerning the meaning of these Rules, the arbitrator
will look to the interpretation of similar rules contained in the Colorado Rules
of Civil Procedure. |
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(d) Communication with Arbitrator.
No party shall have an ex parte communication with the arbitrator related to the
arbitration. |
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(e) Interim Measures.
The arbitrator shall have the power to take any interim steps or measures as the
arbitrator deems necessary to the just and efficient conduct of the arbitration.
The powers granted to the arbitrator include, but are not limited to, granting injunctive
relief, entering orders for the preservation or protection of property, and the
disposition of perishable goods. The arbitrator may require security for the issuance
of any such order. |
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(f) Sanctions. The arbitrator
may award appropriate sanctions for failure of a part to comply with these Rules
or any interim ruling of the arbitrator. The sanctions which the arbitrator may
award may include, but shall not be limited to, the award of attorney fees, exclusion
of evidence, or, in extreme cases, determining the issues submitted to arbitration
adversely to the party who has failed to comply. |
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19. Attorney Fees and Costs. |
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(a) Written Agreement.
If the parties to the arbitration are the parties to a written agreement containing
a provision for the award of attorney fees and costs, or if the parties to the arbitration
have agreed to the award of attorney fees and costs pursuant to subsection (b) hereof,
the parties shall comply with the provisions of Rule 7(c). |
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(b) Subsequent Agreement.
If the parties to the arbitration desire to have the arbitrator award attorney fees
and costs to the prevailing party, notwithstanding the absence of any prior agreement
concerning such an award, all of the parties may agree, in writing, that the arbitrator
may award reasonable attorney fees and costs to the prevailing party and shall comply
with Rule 7(c). |
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(c) Costs. Except when
express provision therefor is made in either a statute of the state in which the
arbitration is conducted or when otherwise provided for in a written agreement between
or among the parties to the arbitration, costs shall be awarded as a matter of course
to the prevailing party pursuant to C.R.C.P. 56(d), C.R.C.P. 121(c) Section 1-22,
and C.R.S. § 13-16-122. The fees of the arbitrator shall not be awarded as costs,
unless the parties to the arbitration have a written agreement to the contrary. |
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20. Optional Appeal Rule. |
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(a) Timing. All parties
must agree to the Optional Appeal Rule at or before 7 days prior to the arbitration
hearing. |
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(b) Procedure. If the
Optional Appeal Rule is agreed to by all parties: |
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(1) Within 14 days after
the award, a party may file Notice of Appeal of the award. The Notice of Appeal
must specify the issues or parts of the award being appealed. |
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(2) Within 7 days after
the Notice of Appeal is filed, any other party may serve Notice of Cross-Appeal.
The Notice of Cross-Appeal must specify the issues or parts of the award being appealed. |
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(3) The appeal will be
to the selected arbitrator in consultation with a consulting arbitrator that did
not participate as the consulting arbitrator in the arbitration. |
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(4) Promptly after the
expiration of the time to file a Notice of Cross-Appeal, the arbitrator shall set
a briefing schedule. Unless otherwise ordered, the following shall be the briefing
schedule: |
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(i) The
opening brief shall be filed within 20 days after the arbitrator sets the briefing
schedule. |
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(ii) The
answer brief shall be filed within 15 days after the opening brief is filed. |
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(iii) A
reply brief shall be filed within 10 days after the answer brief is filed. |
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(c) Briefs Filed. |
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(1) The opening brief
shall consist of no more than 25 double-spaced pages. |
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(2) The answer brief
shall consist of no more than 25 double-spaced pages. |
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(3) The reply brief shall
consist of no more than 10 double-spaced pages. |
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(4) No exhibits or appendices
shall be attached to any brief. |
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(d) Oral Argument.
Oral arguments will be permitted if any party so requests or may be on the initiative
of the arbitrator. The MAT Scheduling Coordinator will contact all parties to determine
the date for oral arguments and will advise the parties as to the duration of oral
arguments. |
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(e) Appeal Fees. |
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(1) Upon filing a Notice
of Appeal, the appealing party will be notified by the MAT Scheduling Coordinator
of the MAT Fees required to be paid to commence the appeal. The amount of fees will
ordinarily be the amount of deposits required for one full day of arbitration. The
appealing party is required to pay the fees for the appeal prior to filing the opening
brief. If not timely paid, the appeal will be dismissed. |
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(2) All fees for the
original arbitration and fees for the appeal requested by the Scheduling Coordinator
pursuant to subsection (1) of this Rule must be paid in full before an appeal will
be scheduled. |
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(f) Arbitration Award Stayed. If an appeal
is timely filed, the arbitration award is automatically stayed and shall not be
considered as final. |
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(g) Arbitration Award on Appeal. |
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(1) The standard of review
on appeal will be in conformity with C.R.C.P. 59 motions for post-trial relief,
and the relief which may be granted is any relief contemplated in C.R.C.P. 59. |
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(2) The arbitrator, in
consultation with the consulting arbitrator, will issue a written ruling concerning
the matters raised in the appeal within the time limits in Appendix A based on the
length of the original arbitration after the later to occur of (i) submission of
the reply brief or (ii) the oral argument. |
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