Request for Additional Information or Documents

PURPOSE: The attorney general administers provisions of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity, sections 407.950 to 407.970, RSMo. The attorney general is required to establish regulations controlling the arbitration of disputes arising under these provisions. This rule specifies procedures to be followed in conducting discovery. (1) A party, by application in writing to the arbitrator, may request the arbitrator to direct the other party to produce any documents or information. The arbitrator shall, upon receiving such request, or on his or her own initiative, direct the production of documents or information which he or she believes will reasonably assist a party in presenting his or her case or assist the arbitrator in deciding the case. The arbitrator’s direction for the production of documents and information shall allow a reasonable time for the gathering and production of such documents and information. (2) All documents and information forwarded in compliance with the arbitrator’s direction shall be legible and received by the arbitrator and other party no later than three (3) business days prior to the date of the hearing. Each party shall bear its own photocopying costs. (3) Upon failure of a party to comply with the arbitrator’s direction to produce documents and/or information, the arbitrator may draw a negative inference concerning any issue involving such documents or information. (4) The term “documents” in this section shall include, but not be limited to, relevant manufacturer’s service bulletins, dealer work orders, diagnoses, bills, and all communication relating to the consumer’s claim. (5) At the request of either party or on his or her own initiative, the arbitrator, when he or she believes it appropriate, may subpoena any witnesses to appear or documents to be presented at the hearing. (6) Where a witness cannot be subpoenaed or is unable to attend the hearing, the arbitrator may, at the written request of either party or on his or her own initiative, permit a deposition to be taken, in a manner and upon terms designated by the arbitrator. Such deposition may be used as evidence and considered by the arbitrator in making his or her decision. AUTHORITY: sections 407.965 and 407.970, RSMo 2000.* Original rule filed Jan. 27, 2003, effective Aug. 30, 2003. *Original authority: 407.965, RSMo 1995 and 407.970, RSMo 1995.