Occidental Petroleum 2001 Annual Report Download - page 105

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under the Federal Rules of Civil Procedure.
8. Discovery
8.1 Discovery shall be governed by this Paragraph 8, notwithstanding Code
of Civil Procedure Section 1283.05 to the contrary.
8.2 Discovery shall be conducted in the most expeditious and
cost~effective manner possible, and shall be limited to that which is relevant
and for which the party seeking it has substantial, demonstrable need.
8.3 All parties shall be entitled to receive reasonably prior to the
hearing, copies of relevant documents which are requested in writing, clearly
described and governed by Paragraph 8.2 above, and sought with reasonable
advance notice given the nature of the requests. Upon request, Employee shall
also be entitled to a true copy of his or her personnel file kept in the
ordinary course of business and pursuant to the Employer policy. Any other
requests for documents shall be made subpoena as provided for in Section 9
herein.
8.4 Except as mutually agreed by the parties or as determined by the
Arbitrator, all parties shall be entitled to submit no more than twenty (20)
interrogatories (including subparts) and twenty (20) requests for admission
including subparts), on each of the other parties, which are requested in
writing, clearly described and governed by Paragraph 8.2 above, and sought with
reasonable advance notice given the nature of the requests.
8.5 Upon reasonable request and scheduling, each party shall be entitled
to take three (3) depositions in total of relevant parties, representative of
the opposing party, or third parties, of up to two (2) days' duration each.
8.6 Physical and/or mental examinations may be conducted in accordance
with the standards established by the Federal Rules of Civil Procedure.
8.7 At a mutually agreeable date, the parties will exchange lists of
experts who will testify at the arbitration. Each party may depose the other
party's experts and obtain documents they reviewed and relied upon and these
depositions will not be charged against the party's limit of three depositions.
4
8.8 Any disputes relative to discovery or requests for discovery other
than specifically provided for herein, shall be presented to the Arbitrator who
shall make final and binding decisions in accordance with Paragraphs 8.1 and 8.2
herein..
9. Subpoenas
9.1 Subject to formal request and a determination of both need and
relevance by the Arbitrator in accordance with Paragraphs 8.1 and 8.2 above,
each party may issue a subpoena for production of documents or persons (other
than those provided for in Paragraphs 8.3, 8.5 and 8.7) relevant to the
procedure. The Arbitrator's decision regarding relevance and the need for
subpoenas shall be final and binding.
9.2 The Arbitrator is empowered to subpoena witnesses or documents to the
extent permitted in a judicial proceeding, upon his or her own initiative or at
the request of a party.
9.3 The party requesting the production of any witness or proof shall bear
the costs of such production.
10. The Award
10.1 The Arbitrator shall render his or her decision and award
(collectively the "Award") based solely on the evidence and authorities