Author Topic: JAMS and the power to subpoena records question?  (Read 1336 times)

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Time2Fight

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JAMS and the power to subpoena records question?
« on: June 27, 2011 09:05:15 PM »
I see that JAMS can subpoena witnesses if need be so I wonder, would JAMS have the power to issue a subpoena for records (like phone call logs) as well?  Also, how is it that JAMS would have this power in the first place?  I would have thought this is something only the courts can do.

Shadowbuddha

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Re: JAMS and the power to subpoena records question?
« Reply #1 on: June 27, 2011 09:08:15 PM »
JAMS would issue the subpoena through the court system.  Basically anything a court could do, an arbitrator is allowed to do with court approval.
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Time2Fight

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Re: JAMS and the power to subpoena records question?
« Reply #2 on: June 27, 2011 09:44:10 PM »
JAMS would issue the subpoena through the court system.  Basically anything a court could do, an arbitrator is allowed to do with court approval.

Thanks Shawdow, so basically it will be up to me to convince the arbitrator on why such records should be subpoenaed?  I have solid proof on my claim and the CA is included with the ARB I have against a OC.  I know it won't hurt to ask, but I do wonder what my chances are of having my request granted.

CleaningUp

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Re: JAMS and the power to subpoena records question?
« Reply #3 on: June 27, 2011 11:08:39 PM »


JAMS would issue the subpoena through the court system.  Basically anything a court could do, an arbitrator is allowed to do with court approval.


While I agree that an arbitrator is permitted to proceed as would a court, on what authority does the arbitrator have access to the court and its powers?

Please be specific.


kevinmanheim

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Re: JAMS and the power to subpoena records question?
« Reply #4 on: June 27, 2011 11:31:34 PM »
Arbitrators issue their own subopena, using the JAMS or AAA name on the document.

I've asked for them twice, and they were issued with no problems from the arbitrators. The recipients complied. These were phone company records.

Would a person comply with one? I don't know. Would you?

What would happen if they didn't? I think nothing, since forcing compliance would require a federal court motion per the FAA. The cost to do so would fall on you.

Shadowbuddha

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Re: JAMS and the power to subpoena records question?
« Reply #5 on: June 27, 2011 11:37:26 PM »
CCP 1282.6.  (a) A subpoena requiring the attendance of witnesses, and a
subpoena duces tecum for the production of books, records, documents
and other evidence, at an arbitration proceeding or a deposition
under Section 1283, and if Section 1283.05 is applicable, for the
purposes of discovery, shall be issued as provided in this section.
In addition, the neutral arbitrator upon his own determination may
issue subpoenas for the attendance of witnesses and subpoenas duces
tecum for the production of books, records, documents and other
evidence.
   (b) Subpoenas shall be issued, as of course, signed but otherwise
in blank, to the party requesting them, by a neutral association,
organization, governmental agency, or office if the arbitration
agreement provides for administration of the arbitration proceedings
by, or under the rules of, a neutral association, organization,
governmental agency or office or by the neutral arbitrator.
   (c) The party serving the subpoena shall fill it in before
service. Subpeonas shall be served and enforced in accordance with
Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this
code.

I was wrong, I recalled that arbitrators passed their subpoena's through the court system.  At least in California that isn't true. 
"I was THIS CLOSE to being complete!" - Fight Club

I am not your attorney.  Nothing I say should be construed as legal advice nor does it create an attorney client relationship.

Time2Fight

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Re: JAMS and the power to subpoena records question?
« Reply #6 on: June 27, 2011 11:41:35 PM »
Thanks Shawdow (and Kevin, CU) I actually saw that CPP as I am in California but I just can't tell if that is actually enforceable on companies outside of California.