An Arbitration clause is a contractual provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.
Arizona Motion to Compel Arbitration - No Waiver of Right
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How to fill out Motion To Compel Arbitration - No Waiver Of Right?
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Rule 35 - Family Law Motion Practice (a)Requirements. (1)Generally. A party must request a court order in a pending action by motion, unless otherwise provided by these rules.
Rule 41 - Motion to Dismiss (a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.
If the court orders discovery of materials under Rule 51(b)(3)(A), it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation. (C)Discovery of Own Statement.
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
Rule 62 (Production of Documents and Things and Entry onto Land). It is standard in divorce and family law cases to submit a Request for Production of Documents to the other party unless the client already has all documents relevant to the issues.
Rule 84 - Motion for Clarification [Effective until January 1, 2024] (a)Grounds. A party may file a motion that requests the court to clarify a ruling if the ruling is confusing or is susceptible to more than one reasonable interpretation.
Motions to Dismiss Some courts have found that a motion to dismiss can waive arbitration rights, but ?[n]ot every motion to dismiss is inconsistent with the right to arbitration.? See, e.g., Hooper, 589 F. 3d at 922.
A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.