Civil Litigation,
Alternative Dispute Resolution
Apr. 21, 2020
Tips for securing third-party witnesses in arbitration
I have been an arbitrator for 18 years (and was a sitting judge before that). It has been my experience that attorneys, even those who have participated in numerous arbitrations, frequently do not know how to obtain testimony or documents from third parties.
Ann Kough
Neutral
JAMS
Hon. Ann Kough previously served in the Los Angeles County Superior Court as one of seven complex litigation judges. Judge Kough has arbitrated a wide range of disputes that span a broad spectrum of legal issues across several industries and is an experienced special master and discovery referee who brings in-depth and hands-on knowledge to managing cases.
I have been an arbitrator for 18 years (and was a sitting judge before that). It has been my experience that attorneys, even those who have participated in numerous arbitrations, frequently do not know how to obtain testimony or documents from third parties. They either treat the process as if they were in state court or assume it cannot be done. While it may not be as easy as the attorney subpoenaing documents to be delivered to her office or issuing a deposition ...
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