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.
Maine Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In the state of Maine, a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter seeks to postpone or reschedule a scheduled arbitration hearing for valid reasons. This legal document is utilized when parties involved in an arbitration process require additional time to adequately prepare their case, gather evidence, or address unforeseen circumstances that may affect the proceedings. The motion requests the court's permission to defer the hearing to a later date. Keywords: Maine, Generic Motion for Continuance, Notice of Motion, Arbitration Matter, reschedule, postpone, arbitration hearing, legal document, prepare, evidence, unforeseen circumstances, court's permission, defer. Different Types of Maine Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Routine Continuance Motion: This type of motion is typically used when both parties mutually agree on the need for additional time to prepare their case. It is common for both parties to present a joint motion requesting a continuance of the hearing date. This motion is usually accepted without significant objections. 2. Emergency Continuance Motion: An emergency continuance motion is filed when unforeseen circumstances arise, making it impossible for one or both parties to proceed with the scheduled arbitration hearing. Valid reasons for an emergency continuance may include illness, family emergencies, or situations where crucial witnesses or evidence are unavailable or inaccessible. 3. Adverse Circumstances Continuance Motion: If a party discovers new and adverse circumstances shortly before the arbitration hearing, they may file an adverse circumstance continuance motion. This motion requests a delay in the hearing to allow adequate time for the party to address the newly-discovered circumstances and present a stronger case. 4. Discovery Issues Continuance Motion: In cases where a party encounters unexpected challenges during the discovery phase of the arbitration process, such as difficulties obtaining crucial evidence or uncooperative witnesses, a discovery issues continuance motion may be filed. This motion seeks additional time to resolve these issues and ensure a fair and just arbitration hearing. It is important to note that each type of generic motion for continuance in an arbitration matter requires the submission of a notice of motion alongside the motion itself. The notice of motion provides official notification to all parties involved that a motion for continuance has been filed. The notice typically includes details about the requested action, the reason for the motion, and the new proposed hearing date, if applicable. Overall, the Maine Generic Motion for Continuance and Notice of Motion in an Arbitration Matter provides a means for parties involved in arbitration to seek appropriate rescheduling when necessary, allowing ample time for preparation, addressing unforeseen circumstances, and ensuring a fair and just hearing.
