Motion to stay and abate refers to a motion filed to abate to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources and to preserve the statute of limitations periods.
Arizona Motion to Stay Action Pending Arbitration
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How to fill out Motion To Stay Action Pending Arbitration?
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FAQ
Courts Must Decide a Motion to Compel Arbitration Before a Motion to Dismiss.
A response must be served and filed within 10 days after service of the petition. CCP § 1290.6. If the petition is served by mail outside California, the response must be served and filed within 30 days after service of the petition. CCP § 1290.6.
The petition must allege that there is a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy.
Practice Reminder: A Motion to Compel Arbitration Does not Alter the Time to Answer | Baker Sterchi Cowden & Rice L.L.C.
In civil cases, Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file any answering memorandum within ten (10) days after the motion was filed and served.
A defendant may file a petition to compel arbitration in lieu of filing an answer to a complaint. This defendant will then have 15 days after any denial of the petition to plead to the complaint. (Code Civ. Proc., § 1281.7.)
Yes. Appealing the denial of a motion to compel arbitration automatically stays district court proceedings pending resolution of the appeal. ?The sole question before this Court is whether a district court must stay its proceedings while the interlocutory appeal on arbitrability is ongoing. The answer is yes.?
As Judge Graber points out, "When a party requests a stay pending arbitration of ?any issue referable to arbitration under an agreement in writing,? the court ?shall . . . stay the trial of the action? until the arbitration concludes or unless the requesting party is ?in default in proceeding with such arbitration.?