Rule 122. Prehearing Procedures

(a) Initial Disclosure. Unless the parties agree or the arbitrator orders otherwise, the parties must serve their initial disclosure no later than 30 days after the filing date of the first answer. (b) Scheduling an Alternative Resolution Hearing. The arbitrator must set a hearing date not earlier than 60 days but no later than 120 days after the arbitrator's notice of assignment. For good cause, the arbitrator may set an earlier or a later date for the hearing. The arbitrator must provide the parties with at least 30 days' written notice of the date, time, and place of the hearing. The hearing may not be held on a Saturday, Sunday, legal holiday, or during the evening, unless the parties agree. (c) Time for Filing a Summary Judgment Motion. A party must file a motion for summary judgment at least 40 days before the hearing date. The moving party must provide a copy of the motion to the arbitrator and assigned judge. A pending summary judgment motion tolls the time for conducting an Alternative Resolution hearing. If the court finds that a summary judgment motion is frivolous or was filed for the purpose of delay or harassment, it must impose sanctions on the party filing the motion, including an award of reasonable attorney's fees incurred in responding to the motion. (d) Assessing Damages Against Defaulted Parties. If default has been entered against one or more but fewer than all the defendants before the date of the Alternative Resolution hearing, the arbitrator must refer proceedings involving the defaulted defendants to the assigned judge, and the arbitrator must proceed with the Alternative Resolution hearing for the remaining parties. (e) Settlement of Actions Assigned to Alternative Resolution. If the parties settle an action assigned to Alternative Resolution, they must file with the court an appropriate stipulation for entry of a final judgment or a dismissal order and must mail or deliver a copy to the arbitrator. The Alternative Resolution terminates on entry of the judgment or order tion hearing for the remaining parties. (e) Settlement of Actions Assigned to Alternative Resolution. If the parties settle an action assigned to Alternative Resolution, they must file with the court an appropriate stipulation for entry of a final judgment or a dismissal order and must mail or deliver a copy to the arbitrator. The Alternative Resolution terminates on entry of the judgment or order. (f) Discovery Limits and Deadline. Discovery limits in an Alternative Resolution proceeding are the same as specified in FASTAR Rule 112(b). The parties must complete discovery within 90 days after the filing date of the first answer, or by another deadline established by the court.