Attorneys in arbitration cases could be allowed to subpoena records, witnesses

Published: Saturday, Jan. 22 2005 12:00 a.m. MST

A bill that would allow attorneys involved in arbitration to issue subpoenas for records and witnesses passed out of a Senate committee Friday morning.

Members of the Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee unanimously passed SB116 with a favorable recommendation.

Senate Majority Whip, Dan Eastman, R-Bountiful, the bill's sponsor, told the committee Friday the bill would make a simple change, allowing attorneys involved in court arbitration to issue subpoenas to acquire record or witness evidence, if both parties agree in advance. Eastman said current state law governing arbitration only allows the arbitrator to order subpoenas.

The bill is expected to go to the Senate floor for debate.