§ Rule 74 Powers of Arbitrator; Scheduling of Arbitration Hearing; Permitted Rulings by Arbitrator; Time for Filing Summary Judgment Motion; Receipt of Court File; Settlement of Cases

Rule 74. Powers of Arbitrator; Scheduling of Arbitration Hearing; Permitted Rulings by Arbitrator; Time for Filing Summary Judgment Motion; Receipt of Court File; Settlement of Cases.

(a) Powers of Arbitrator. The arbitrator shall have the power to administer oaths or affirmations to witnesses, to determine the admissibility of evidence, and to decide the law and the facts of the case submitted.

(b) Scheduling of Arbitration Hearing. The arbitrator shall fix a time for hearing, which hearing shall commence not fewer than 60, nor more than 120 days after the appointment of the arbitrator. The arbitrator shall, unless waived by the parties, give at least 30 days' notice in writing to the parties of the time and place of the hearing. Subject to Rule 38.1 of these rules, the arbitrator may shorten or extend these time periods for good cause. No hearings shall be held on Saturdays, Sundays, legal holidays, or evenings, except upon agreement by counsel for all parties and the arbitrator.

(1) Authorized Rulings. After a case has been assigned to an arbitrator, the arbitrator shall make all legal rulings, including rulings on motions, except:

(A) motions to continue on the inactive calendar or otherwise extend time allowed under Rule 38.1 of these rules;

(B) motions to consolidate cases under Rule 42 of these rules;

(D) motions to withdraw as attorney of record under Rule 5.1 of these rules; or

(E) motions for summary judgment that, if granted, would dispose of the entire case as to any party.

(2) Procedure. The parties shall serve upon the arbitrator copies of documents requiring the arbitrator's consideration. Telephonic motions and testimony are acceptable and appropriate.

(3) Discovery Motions. In ruling on motions pertaining to discovery, the arbitrator shall consider that the purpose of compulsory arbitration is to provide for the efficient and inexpensive handling of small claims and shall limit discovery whenever appropriate to insure compliance with the purposes of compulsory arbitration.

(4) Interlocutory Appeal of Discovery Ruling. If an arbitrator makes a discovery ruling requiring the disclosure of matters that a party claims are privileged or otherwise protected from disclosure under applicable law, the party may appeal the ruling by filing a motion with the assigned trial judge within ten days after the arbitrator transmits the ruling to the parties. No party shall be required to respond to the motion unless ordered to do so by the court. No such motion, however, shall be granted without the court first providing an opportunity for response. The arbitrator's ruling shall be subject to de novo review by the court. If the court finds that the motion is frivolous or was filed for the purpose of delay or harassment, the court shall impose sanctions on the party filing the motion, including an award of reasonable attorneys' fees incurred in responding to the motion. The time for conducting an arbitration hearing set forth in Rule 74(b) shall be tolled during the pendency of any such motion.

(d) Time for Filing Summary Judgment Motion. If a motion for summary judgment is filed, the original shall be filed no fewer than 20 days prior to the date for hearing. A copy of the motion shall be served upon the arbitrator and trial judge. If the court finds that the motion is frivolous or was filed for the purpose of delay or harassment, the court shall impose sanctions on the party filing the motion, including an award of reasonable attorneys' fees incurred in responding to the motion. The time for conducting an arbitration shall be tolled during the pendency of any such motion.

(e) Receipt of Court File. If the arbitrator believes that the file contains materials needed to conduct the arbitration hearing, the arbitrator shall, within four days prior to the date of the hearing, sign for and receive from the Superior Court Clerk the original superior court file. If the clerk maintains an electronic court record, the arbitrator shall have access to the original if available, or to a certified copy of the file either by print-outs of said documents or on alternative media. The clerk may deliver the documents electronically to any arbitrator who files a consent, either traditionally or electronically. Alternatively, the arbitrator may order the parties to provide the arbitrator with those pleadings and other documents the arbitrator deems necessary to complete the arbitration hearing.

(f) Settlement of Cases Assigned to Arbitration. If the parties to a case assigned to arbitration settle, they shall file with the court an appropriate stipulation and order for dismissal and shall mail a copy to the arbitrator. Upon entry of the order the arbitration is terminated.