Hearings shall be held at the place designated
by the arbitrator or chairman of the board. The arbitrator or chairman shall
fix a time and date of hearings within ninety (90) days of appointment and
shall notify the arbitrators and all parties to the suit. No hearing shall
be fixed for Saturdays, Sundays, legal holidays or evenings, except on
agreement by counsel for all parties and the arbitrators.
Since sufficient time is
available to the parties prior to the hearing date to settle or compromise
their disputes, once a hearing date is set the hearing shall proceed
forthwith at the scheduled time. There shall be no unilateral communications
by counsel or the parties with the arbitrators concerning the merits of the
controversy at any time prior to the filing of the report and award of the
- Inability of Party to Proceed: Continuance
- In the event that counsel for any party is unable to proceed
within the time set for arbitration by the presiding judge, said
counsel shall notify the presiding judge who may then mark continued
and reschedule another time and date of hearing.
- Whenever any case has been continued two times after assignment,
said case shall be returned to the presiding judge who shall summon
the parties or their counsel. The judge shall have the power to make
an appropriate order, including any order of dismissal for want of
prosecution, or an order that the case be again assigned to a Board
of Arbitration and be heard and an award made whether or not the
defendant appears and defends
- Default of Party
The arbitration may proceed in the absence of any
party who after due notice fails to be present or fails to obtain a
continuance. An award shall not be made solely on the default of a
party. The Board of Arbitration shall require the other party to
submit such evidence as they may require for the making of an award.
- Conduct of Hearings: Powers
1. The three members of the Board or the
arbitrator, depending on the case, shall be the judge(s) of the
relevancy and materiality of the evidence offered and conformity to
legal rules of evidence shall not be necessary. All evidence shall be
taken in the presence of the arbitrators and of all the parties,
except where any party is absent, in default, or any party has waived
the right to be present. The Board or arbitrator may receive the
evidence of witnesses by affidavit or written report and shall give it
such weight as they deem it is entitled to after consideration of any
objections made to its admission.
2. Counsel shall, upon request, whenever
possible, produce a party or witnesses at the hearing without the
necessity of a subpoena.
3.The Board of Arbitration shall have the general
powers of a court, including, but not limited to, the following
F. Supervisory Powers of the Court.
- SUBPOENAS. To cause the issuance of subpoenas to witnesses to
appear before the Board and to request the issuance of an
attachment according to the practice of the courts for failure to
- PRODUCTION OF DOCUMENTS. To compel the production of all books,
papers and documents which they shall deem material to the case.
- ADMINISTERING OATHS; ADMISSIBILITY OF EVIDENCE. To administer
oaths or affirmations to witnesses, to determine the admissibility
of evidence, to permit testimony to be offered by depositions and
to decide the law and the facts of the case submitted to them.
The presiding judge shall have full supervisory
powers with regard to any questions that arise in all arbitration
proceedings and in the application of these rules.
G. Witness fees.
Witness fees in any case referred to said Board of
Arbitration shall be the same amount as now or hereafter provided for
witnesses in trials in the Common Pleas Court of Columbiana County,
Ohio, and may be ordered taxed as costs in the case, and the costs in
any case shall be paid by the same party or parties by whom they would
have been paid had the case been tried in the Common Pleas Court of
Columbiana County, Ohio.
H. Transcript of Testimony
The arbitrators shall not be required to make a transcript of the
proceedings before them. If any party shall desire a transcript, he
shall provide a reporter and cause a record to be made. The party
requesting the same shall pay the cost which shall not be considered