MAR 3.2: AUTHORITY OF ARBITRATORS

(a) Authority of Arbitrator.

An arbitrator has the authority to:

(1) Decide procedural issues arising before or during the arbitration hearing, except issues relating to the qualifications of an arbitrator;

(2) Invite, with reasonable notice, the parties to submit trial briefs;

(3) Examine any site or object relevant to the case;

(4) Issue a subpoena under rule 4.3;

(5) Administer oaths or affirmations to witnesses;

(6) Rule on the admissibility of evidence under rule 5.3;

(7) Determine the facts, decide the law, and make an award;

(8) Award costs and attorney fees as authorized by law; and

(9) Perform other acts as authorized by these rules or local rules adopted and filed under rule 8.2.

(b) Authority of the Court.

The court shall decide:

(1) Motions for involuntary dismissal, motions to change or add parties to the case, and motions for summary judgment, and

(2) Issues relating to costs and attorney fees if those issues cannot otherwise be decided by the arbitrator.

[Amended effective September 1, 1989; September 1, 1994; September 1, 2011.]

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