Utah Courts
UCJA Rule 14-1104 (Code of Judicial Administration)
UCJA Rule 14-1104 (Code of Judicial Administration)
Rule 14-1104. Petition; agreement to arbitrate, answer, discovery; and extension.
(a) Petition and agreement to arbitrate. Proceedings before the Committee shall be started by the petitioning party completing and filing a verified petition to arbitrate fee dispute as well as an agreement to arbitrate fee dispute. The petition and agreement to arbitrate shall be on forms provided by the Bar. When the petition and agreement to arbitrate are completed and signed by the petitioner, they shall be filed with the Bar.
(b) Answer. The Bar shall forward to the respondent the petition and agreement to arbitrate, and request that the respondent sign and return the agreement to arbitrate and file an answer to the petition. The Bar will further advise that if the respondent fails to answer and return the signed agreement to arbitrate within ten days, the Committee will construe such failure as constituting a refusal by the respondent to submit to arbitration. Upon the Bar's receipt of the signed agreement to arbitrate and respondent's answer, the Bar shall forward to the petitioner a copy of the executed agreement to arbitrate and a copy of the respondent's answer.
(c) Fee. After both parties have agreed to binding arbitration, the petitioner shall pay a $10 fee. Unless the fee is paid, the proceeding will not go forward.
(d) Respondent's refusal to arbitrate. If the respondent refuses to submit the fee dispute to arbitration, the Bar shall notify the petitioner and the chair. No fee arbitration proceeding shall be conducted unless the respondent agrees to binding arbitration in writing. If all the parties refuse binding arbitration, the chair or his designee shall encourage the parties to elect mediation under Rule 14-1103 (b).
(e) Subpoena and discovery. The provisions of Utah Uniform Arbitration Act pertaining to the issuance of subpoenas in arbitration proceedings shall be applicable to arbitration proceedings held pursuant to these rules. The chair, in his sole discretion, and upon the motion of petitioner or respondent, may authorize the use of discovery procedures as provided in the Utah Uniform Arbitration Act.
(f) Extensions and postponements. The chair or his designee may grant extensions of time for the performance of any act required by these rules.
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