As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.
Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.
The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.
The District of Columbia Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document used in the District of Columbia to request a postponement or extension of a hearing or trial in an arbitration case. It is generally filed when circumstances arise that make it impractical or impossible for the scheduled hearing to proceed on the designated date. This motion allows the parties involved in the arbitration to notify the court and opposing counsel about the need for a continuance, formally request the delay, and outline the reasons justifying it. In the District of Columbia, there are several types of Generic Motions for Continuance and Notice of Motion in an Arbitration Matter that can be filed. These include: 1. Continuance due to scheduling conflicts: This type of motion is typically filed when one or both parties, or their attorneys, have a pre-existing commitment that prevents them from attending the scheduled hearing or trial. It may also be filed if a scheduling conflict arises with a key witness or expert who is necessary for presenting evidence or supporting a party's case. 2. Continuance due to unavailability of counsel: In situations where a party's attorney is unavailable on the specified date due to illness, family emergency, or other valid reasons, a motion can be filed to request a continuance. This ensures that the party has proper legal representation during the arbitration proceeding. 3. Continuance for additional time to prepare: When a party requires more time to adequately prepare their case, they may file a motion for continuance to request an extension. This may occur if new evidence has emerged or if complex legal issues need further analysis before the arbitration hearing. 4. Joint motion for continuance: In some cases, both parties may agree that a continuance is necessary and file a joint motion to request the postponement of the arbitration hearing. This can occur when both parties are negotiating a potential settlement or need additional time to explore alternative dispute resolution methods. When filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter in the District of Columbia, it is crucial to include all relevant information, such as case details, hearing date, reasoning for the request, and proposed rescheduled date. Adherence to court rules and procedures is essential to ensure the motion's success and maintain the integrity of the arbitration process.
