North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-02 - Practice and Procedure
Chapter 69-02-10 - Arbitration
Section 69-02-10-18 - Exchange of information

1. The parties shall exchange copies of all documents in their possession or control on which they rely in support of their positions or which they may introduce as exhibits at the arbitration hearing. The parties shall serve the documents within twenty days after the response to the petition is filed with the commission, unless otherwise agreed or such other time is ordered by the arbitrator.

2. The parties may offer other evidence that is relevant and material to the issues in dispute. The parties must be required to produce such additional evidence as the arbitrator deems necessary to understand and determine the issues in dispute.

3. The parties shall exchange a preliminary list of witnesses they expect to call at the arbitration hearing within twenty days after the response to the petition is filed, unless otherwise ordered by the arbitrator or agreed to by the parties. The preliminary list must identify expert witnesses and the subject matter of their testimony. Within seven calendar days prior to the hearing, the parties shall provide to each other and to the arbitrator a final list of witnesses they intend to call, including experts, together with a brief description of the testimony of each witness and the estimated time for the witness's direct testimony. In addition, within seven calendar days prior to the hearing, the parties shall provide to each other and to the arbitrator a list of exhibits intended to be used at the hearing together with copies of all exhibits not previously provided.

4. Within seven calendar days prior to the hearing, each party shall submit concise written statements of the party's position, including summaries of the facts and evidence a party intends to present, discussion of the applicable law, and the basis for the requested decision or denial of relief sought.