What is the time limit for holding depositions after making a request in an arbitration with Beverly Anns Cookie?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Depositions will be limited to a maximum of five per party and will be held within 30 days after making a request.
Additional depositions may be scheduled only with the permission of the arbitrator and for good cause shown.
Each deposition will be limited to a maximum of six hours duration.
Should a dispute arise over the extent of or propriety of any discovery request, the arbitrator will make a final determination after hearing each party's position.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, depositions must be held within 30 days after a request is made during arbitration. The document also specifies that each party is limited to a maximum of five depositions. Any additional depositions can only be scheduled with the arbitrator's permission and for good cause.
This means that if a dispute arises that leads to arbitration, a Beverly Anns Cookie franchisee needs to be prepared to schedule and conduct depositions relatively quickly after requesting them. The 30-day window could put pressure on franchisees to gather information and prepare their case efficiently. The limit of five depositions per party is also something to consider, as it may restrict the scope of discovery and require careful prioritization of witnesses.
Furthermore, the arbitrator has the authority to make final determinations on any disputes regarding the extent or propriety of discovery requests. This highlights the importance of presenting a strong case for any desired depositions, especially if exceeding the five-deposition limit. Franchisees should be aware of these limitations and be prepared to work within them should a dispute arise that requires arbitration.