Sec. 8. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and have authority to administer oaths. In matters subject to arbitration between labor and management, neither party may subpoena or obtain an order for the production of the financial books, financial records, or documents pertaining to the income or financial condition of the other party. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in manner provided by law for the service and enforcement of subpoenas in a civil action.

     (b) On application of a party, the arbitrators may order the deposition of a witness to be taken for use as evidence, and not for discovery, if the witness can not be subpoenaed or is unable to attend the hearing. The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions.

Terms Used In Indiana Code 34-57-2-8

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
     (c) All provisions of law compelling a person under subpoena to testify are applicable and enforceable upon application to the court.

     (d) Fees for attendance as a witness are the same as for a witness in the superior court.

[Pre-1998 Recodification Citation: 34-4-2-8.]

As added by P.L.1-1998, SEC.53.

  Previous section
Next section  
 Chapter 2 Contents