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Litigation & Arbitration,
Civil Procedure

Apr. 24, 2025

Early lessons on third-party subpoenas for California practitioners under SB 940

SB 940 expands discovery in California arbitrations, making civil-style subpoenas the new norm - unless parties clearly opt out.

David B. Coher

Mediator
Alternative Resolution Centers (ARC)

Early lessons on third-party subpoenas for California practitioners under SB 940
Shutterstock

Now that SB 940 has been in effect for over four months, California's arbitration community is beginning to see how the new rules play out. Though no appellate decisions have interpreted the law yet, a few early experiences of arbitrators offer a glimpse into the emerging legal and procedural challenges, particularly around the scope and enforceability of third-party subpoenas in arbitration proceedings.

A new era for arbitration discovery

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