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.
Montana Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In the state of Montana, when parties are involved in an arbitration matter, they may need to file a Generic Motion for Continuance and a Notice of Motion to accommodate certain circumstances or request a delay in the arbitration process. These motions are essential in ensuring fairness and adequate preparation for both parties involved in the case. A Generic Motion for Continuance generally seeks a postponement or rescheduling of the arbitration hearing date due to various reasons. This motion can be filed by either party, and it provides an opportunity to present legitimate grounds for a delay in the arbitration proceedings. Some potential reasons for filing a Generic Motion for Continuance include the unavailability of key witnesses, conflicts with schedules, lack of adequate time for case preparation, or any other unforeseen circumstances that may hinder a party's ability to present their case effectively. The Notice of Motion, on the other hand, serves as a formal announcement to opposing parties and the arbitrator regarding the intent to file a motion for continuance. It is a courtesy process that informs all parties involved about the upcoming motion and ensures transparency and fairness in the proceedings. The Notice of Motion includes details such as the new proposed hearing date, the reasons for the continuance request, and any supporting evidence or documentation that might strengthen the party's case for a postponement. In addition to the generic motion and notice, there might be various specific types of motion for continuance in an arbitration matter. These types are usually named based on the specific circumstances that necessitate the request. Some possible examples include: 1. Medical Emergency Motion for Continuance: This motion is filed when a party or a key witness experiences a sudden medical emergency that makes them unable to participate in the arbitration proceedings. 2. Discovery-related Motion for Continuance: This motion is filed when one party requests additional time to complete the discovery process, gather necessary evidence, or respond to discovery requests from the opposing party before the arbitration hearing. 3. Procedural Motion for Continuance: This motion is filed when there are procedural irregularities or inconsistencies that require additional time for clarification or resolution before proceeding with the arbitration hearing. 4. Settlement Negotiation Motion for Continuance: This motion is filed when both parties are actively engaged in settlement negotiations with the goal of resolving the dispute outside of arbitration. The continuance is sought to provide ample time for fruitful negotiations and potentially avoid the need for arbitration altogether. It is important to note that the specific rules and procedures for filing a Generic Motion for Continuance and Notice of Motion in an arbitration matter may vary depending on the specific arbitration agreement, the arbitration association involved, or any applicable state laws. Parties involved in arbitration matters in Montana should consult the relevant Montana Statutes and seek legal advice to understand the precise requirements and procedure for filing such motions.
