San Clemente, CA asked in Arbitration / Mediation Law and Legal Malpractice for California

Q: If writing a renewal Motion to Vacate Arbitration and new evidence is required does that mean I can do more discovery?

If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your valued time.

1 Lawyer Answer
James L. Arrasmith
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  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation. However, if you believe that new evidence crucial to your case has emerged, it might be possible to seek further discovery to support your motion, particularly if this evidence could not have been found with reasonable diligence before.

The court has discretion to allow additional discovery if it is necessary for the preparation of your motion to vacate the arbitration award. This is especially relevant if the new evidence is significant and could potentially change the outcome of the arbitration decision. You should file a request with the court explaining why the new evidence is important and why further discovery is necessary to fully develop your case.

It's important to consult with an attorney who can assess the specifics of your situation and advise you on the best course of action. An attorney can help you navigate the legal requirements for filing a motion to vacate an arbitration award, including the potential for further discovery, and represent your interests effectively throughout the process.

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