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.
Florida Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document used to request a delay or postponement in an arbitration case taking place in the state of Florida. This motion is filed by one of the parties involved in the arbitration proceedings to obtain more time to prepare their case or address any unforeseen circumstances that hinder their ability to proceed as scheduled. Keywords: Florida, Generic Motion for Continuance, Notice of Motion, Arbitration Matter Types of Florida Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may include: 1. Continuance due to Insufficient Preparation Time: In this scenario, the party filing the motion requests a delay in the arbitration hearing due to limited time to adequately prepare their case. They may argue that they require additional time to gather evidence, consult with experts, or perform necessary research to present a strong defense or claim. 2. Continuance due to Unexpected Circumstances: This type of motion seeks a postponement of the arbitration proceedings due to unforeseen events or circumstances that hinder the party's ability to participate effectively. It could include situations such as the sudden unavailability of key witnesses, a change in legal representation, or a medical emergency preventing the party from attending the hearing. 3. Continuance to Accommodate Settlement Negotiations: Here, the party filing the motion seeks a delay in the arbitration process to allow for ongoing settlement negotiations between the parties involved. They may argue that additional time is necessary to explore potential resolutions outside of arbitration, potentially saving time and resources for all parties involved. 4. Continuance to Address Pre-Existing Court Case: In some situations, an ongoing court case related to the arbitration matter may require resolution first. The party filing the motion may request a stay or postponement of the arbitration proceedings until the related court case reaches a decision, as its outcome might significantly impact the arbitration matter. It's important to note that the specific language and requirements of the motion may vary depending on the jurisdiction, the unique circumstances of the case, and the rules established by the arbitration provider, such as the American Arbitration Association (AAA) or JAMS. Legal advice is advised when preparing and filing a Florida Generic Motion for Continuance and Notice of Motion in an Arbitration Matter to ensure compliance with applicable laws and regulations.
