Rule 3 - Arbitration Hearings.(a)Hearing Scheduled by Arbitrator. Arbitration hearings shall be scheduled by the assigned arbitrator on a date, time and place agreed to by the parties or, if they do not agree, selected by the arbitrator; but in no event shall the process extend beyond 240 days of appointment/designation exclusive of the arbitrator's time to render an award.(b)Pre-hearing Exchange of Information. At least ten (10) days before the date set for the hearing, the parties shall exchange and furnish to the arbitrator: (1) Lists of witnesses they expect to testify;(2) Copies of documents or exhibits they expect to offer in evidence; and(3) A brief statement of the issues and their contentions. Parties may rely on stipulations and/or statements, sworn or unsworn, rather than a formal presentation of witnesses and documents, for all or part of the hearing. The information referred to in Paragraph (b) shall not be filed with the court.
(c)Exchanged Documents Considered Authenticated. Any document exchanged may be received in the hearing as evidence without further authentication; however, the party against whom it is offered may subpoena and examine as an adverse witness anyone who is the author, custodian or a witness through whom the document might otherwise have been introduced. Documents not so exchanged may not be received if to do so would, in the arbitrator's opinion, constitute prejudicial surprise.(d)Copies of Exhibits Admissible. Copies of exchanged documents or exhibits are admissible in arbitration hearings.(e)Witnesses. Witnesses may be compelled to testify under oath or affirmation and produce evidence by the same authority and to the same extent as if the hearing were a trial. The arbitrator is empowered and authorized to administer oaths and affirmations in arbitration hearings.(f)Subpoenas. Super.R.Civ.P. 45 shall apply to subpoenas for attendance of witnesses and production of documentary evidence at an arbitration hearing under these rules.(g)Authority of Arbitrator to Govern Hearings. Except for the power to punish for contempt, arbitrators shall have the authority of a trial justice to govern the conduct of hearings in accordance with these Arbitration Rules. The arbitrator shall refer all contempt matters to the court. (h) Law of Evidence Used as a Guide. The Rhode Island Rules of Evidence do not apply, except as to privilege, in an arbitration hearing but shall be considered as a guide toward full and fair development of the facts. The arbitrator shall consider all evidence presented and give it the weight and effect deemed appropriate.(i)No Ex Parte Communications with Arbitrator. No ex parte communication as to substantive matters by a party or an attorney with an arbitrator is permitted.(j)Failure to Appear; Defaults; Rehearing. If a party who has been notified of the date, time and place of the hearing fails to appear without good cause thereof, the hearing may proceed and an award may be made by the arbitrator against the absent party upon the evidence offered by the parties present, but not by default for the failure to appear. If a party is in default for any other reason but no judgment has been entered upon the default pursuant to Super.R.Civ.P. 55(b) before the hearing, the arbitrator may hear evidence and may issue an award against the party in default. The court may order a rehearing of any case in which an award was made against a party who failed to obtain a continuance of a hearing and failed to appear for reasons beyond a party's control. Such motion for rehearing shall be filed with the court within the time allowed for rejection of the award as stated in Rule 5(a).(k)No Record of Hearing Made. No transcript or other recording of an arbitration hearing shall be made.(l)Sanctions. Any party failing or refusing to participate in an arbitration proceeding in a good faith and meaningful manner shall be subject to sanctions by the court on motion of a party, or report of the arbitrator, as provided in Super.R.Civ.P. 37 and which shall be heard by the assignment justice.(m)Proceedings in Forma Pauperis. The right to proceed in forma pauperis is not affected by these Arbitration Rules. (n)Limits of Hearings. Arbitration hearings shall be limited to four (4) hours unless the arbitrator determines at the hearing that more time is necessary to ensure fairness and justice to the parties. (1) A written application for an enlargement of time for a hearing, which shall not exceed sixty (60) days, must be filed with the arbitrator and must be served on opposing parties at the earliest practicable time, and no later than the date for prehearing exchange of information under Rule 3(b). The arbitrator will rule on these applications subject to review by the court. (2) An arbitrator is not required to receive repetitive or cumulative evidence. (o) Hearing Concluded. The arbitrator shall declare the hearing concluded when arguments, if permitted, have been completed and all the evidence is in. In exceptional cases, the arbitrator has discretion to receive post-hearing briefs, but not evidence, if submitted within ten (10) days after the hearing has been concluded. (p)Parties Must be Present at Hearings; Representation. All parties shall be present at hearings in person or through representatives authorized to make binding decisions on their behalf in all matters in controversy before the arbitrator. Individuals may be represented by an attorney but it is not required. All other parties, except individuals, shall be represented by an attorney. (q) Motions. Designation of an action for arbitration does not affect a party's right to file any motion with the court.(1) The court, in its discretion, may consider and determine any motion at any time. It may defer consideration of issues raised by motion to the arbitrator for determination in the award. Parties shall state their contentions regarding pending motions deferred to the arbitrator in the exchange of information required by Rule 3(b).(2) Pendency of a motion shall not be cause for delaying an arbitration hearing unless the court so orders.