Print Version
Previous PageFile uploaded: 4/3/2012
Rule 14-1104

Rule 14-1104. Petition;agreement to arbitrate, answer, discovery; and extension.

(a) Petition and agreement toarbitrate. Proceedings before the Committee shall be started by the petitioningparty completing and filing a verified petition to arbitrate fee dispute aswell as an agreement to arbitrate fee dispute. The petition and agreement toarbitrate shall be on forms provided by the Bar. When the petition andagreement to arbitrate are completed and signed by the petitioner, they shallbe filed with the Bar.

(b) Answer. The Bar shallforward to the respondent the petition and agreement to arbitrate, and requestthat the respondent sign and return the agreement to arbitrate and file ananswer to the petition. The Bar will further advise that if the respondentfails to answer and return the signed agreement to arbitrate within ten days,the Committee will construe such failure as constituting a refusal by therespondent to submit to arbitration. Upon the Bar's receipt of the signedagreement to arbitrate and respondent's answer, the Bar shall forward to thepetitioner a copy of the executed agreement to arbitrate and a copy of therespondent's answer.

(c) Fee. After both partieshave agreed to binding arbitration, the petitioner shall pay a $10 fee. Unlessthe fee is paid, the proceeding will not go forward.

(d) Respondent's refusal toarbitrate. If the respondent refuses to submit the fee dispute to arbitration,the Bar shall notify the petitioner and the chair. No fee arbitrationproceeding shall be conducted unless the respondent agrees to bindingarbitration in writing. If all the parties refuse binding arbitration, thechair or his designee shall encourage the parties to elect mediation under Rule14-1103 (b).

(e) Subpoena and discovery. Theprovisions of Utah Uniform Arbitration Act pertaining to the issuance ofsubpoenas in arbitration proceedings shall be applicable to arbitrationproceedings held pursuant to these rules. The chair, in his sole discretion,and upon the motion of petitioner or respondent, may authorize the use ofdiscovery procedures as provided in the Utah Uniform Arbitration Act.

(f) Extensions andpostponements. The chair or his designee may grant extensions of time for theperformance of any act required by these rules.