Preliminary Hearing Checklist for Arbitrations

1. Purpose
Explain the purpose and goals of the hearing.

2. Claims & Issues
Have each party make a brief statement outlining the issues in dispute and associated claims.
Discuss attorney fee claims.

3. Related Identities
Identify any related entities for purposes of arbitrator conflicts check.

4. Pleadings
Review pleadings filed and to be filed.

5. Motions
Review any expected motions.

6. Exchange of Information
Review procedure and set guidelines (if necessary).
Review Accelerated Exchange procedure.

7. Discovery
Confidentiality order necessary?
Review extent of discovery (number of depositions, etc.).
Review use of expert witnesses.

8. Pre-Hearing Deadlines
Set deadlines for:

a. Initial exchanges of witness lists, exhibit lists and exhibits, deposition testimony designations/counter-designations.
b. Joint Statement of Evidence.
c. Stipulation of Agreed Legal Issues.
d. Final witness and exhibit lists.
e. Motions.
f. Discovery cut-off.
g. Additional preliminary hearings.

9. Hearing
Set date, time, and location.

a. Determine need for court reporter or interpreter.
b. Deadline for hearing briefs.
c. Start and stop times, notice of next-day witnesses, allocation of time, exhibit submission — including number of exhibit sets and color coding.
d. Form of Award.