Getting discovery from non-parties can be a tricky proposition, particularly when the discovery is being sought as part of an out-of-state arbitration. Equally tricky is resisting discovery if you’re that non-party. The Indiana Court of Appeals recently provided some protection to non-parties faced with discovery sought as part of an out-of-state arbitration under the guise of Trial Rule 28(E). Check out the opinion here.
For more detailed analysis, check out this recent article on Indiana Trial Rule 28(E), which was published in the November 2011 issue of Res Gestae, which concludes:
Hoosier nonparties finding themselves ensnared in a federal arbitration sitting outside of Indiana may have the choice to voluntarily comply with an arbitrator’s subpoena or to decline to participate altogether.