Federal Arbitration Act Motion To Compel In Suffolk
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(b) Good Faith Efforts to Confer Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
Requirements for Motion – The following requirements must be fulfilled for a proper motion to compel interrogatories: Identify the interrogatories in question by name and set number. CRC 3.1345(d). Meet and Confer Declaration Required. CCP 2030.300(b). Separate Statement Required. CRC 3.1345(a)(2).
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
Content: The motion must include a “meet and confer” declaration showing a good-faith attempt at informal resolution of all issues presented in the motion. (§ 2030.300(b). The motion must also be accompanied by a separate statement of questions/document requests and responses in dispute. (CRC, rule 3.1345(a)).
The Federal Arbitration Act exempts the "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." 9 U.S.C. § 1.
A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy. CCP § 1281.2 (c) (amended eff 1/1/19).
When Does a Federal District Court Have Jurisdiction over an FAA Dispute? Enforcement of the FAA is not limited to federal courts. See Vaden v. Discover Bank, 556 U.S. 49, 71 (2009) (“Under the FAA, state courts as well as federal courts are obliged to honor and enforce agreements to arbitrate.”).
If one party refuses to participate in arbitration, it can complicate the resolution process, particularly if arbitration is a contractual requirement. However, similar to mediation, the non-participating party's refusal does not prevent the other party from seeking alternative avenues for resolution.
