Rule 13.140.Discovery
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.140
Plain-English Summary
Discovery in an arbitrated case is conducted in accordance with the Oregon Rules of Civil Procedure, so the tools are the familiar ones. What changes is who resolves the fights. All discovery motions are determined by the arbitrator, not by a judge.
The rule then writes down the test the arbitrator applies. The arbitrator balances the benefits of discovery against the burdens and expenses, and considers the nature and complexity of the case, how much is in controversy, and the possibility of unfair surprise that may result if discovery is restricted. That last factor cuts against reflexive limits: the arbitrator has to weigh the harm of too little discovery, not only the cost of too much.
Frame your requests with that balance in mind. Arbitration in this chapter is built to move quickly and to be inexpensive, and a discovery plan that ignores the calendar invites a limit. Say what a request will produce, what it will cost, and what you lose at the hearing without it.
Frequently Asked Questions
What discovery can I take in a case assigned to arbitration?
Discovery is conducted in accordance with the Oregon Rules of Civil Procedure, so those rules define what is available. The arbitrator can shape the scope through the balancing the rule requires.
Who rules on a discovery dispute?
The arbitrator. All discovery motions in an arbitrated case are determined by the arbitrator rather than by the court.
What does the arbitrator weigh in deciding a discovery dispute?
The benefits of the discovery against the burdens and expenses, in light of the nature and complexity of the case, the amount in controversy, and the possibility of unfair surprise if discovery is restricted.
Can the arbitrator cut off discovery?
The arbitrator can restrict it, but the rule requires weighing what a restriction costs. Unfair surprise that could result from restricted discovery is among the factors the arbitrator has to consider.
What happens if I ignore a discovery order?
The consequences sit elsewhere in the chapter. A party who fails to comply with a discovery order may be barred from presenting a witness or exhibit that should have been disclosed, and the arbitrator can require a party, that party's attorney, or both to pay the reasonable expenses caused by disobeying an order.