North Carolina Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

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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.

North Carolina Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document utilized in the North Carolina legal system to request a postponement of a scheduled arbitration proceeding. This motion is specifically designed to provide the party seeking continuation an opportunity to present substantial reasons justifying the delay. It serves as a formal notice to all involved parties, informing them about the intention to request a postponement. In North Carolina, there are two main types of Generic Motion for Continuance and Notice of Motion in an Arbitration Matter. Firstly, the "Generic Motion for Continuance" is a document that outlines the reasons and circumstances necessitating a delay in the arbitration proceedings. It presents a persuasive argument to convince the court or arbitration panel that the continuance is necessary for fairness, justice, or other valid reasons. Secondly, the "Notice of Motion in an Arbitration Matter" is a document that specifically notifies all concerned parties about the filing of the motion for continuance. This notice ensures transparency and allows opposing parties ample time to respond or prepare their counterarguments. It is crucial for all parties to receive this notice before any decisions or scheduling changes can be made. Keywords: North Carolina, generic motion for continuance, notice of motion, arbitration matter, postponement, legal document, scheduled arbitration proceeding, substantial reasons, delay, formal notice, involved parties, intention, request, Generic Motion for Continuance, reasons, circumstances, arbitration proceedings, court, arbitration panel, fairness, justice, valid reasons, Notice of Motion in an Arbitration Matter, filing, opposing parties, transparency, response, counterarguments, decisions, scheduling changes.

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8.11 In cases in which a motion has been heard or a bench trial held and the presiding judge takes the matter under advisement, Trial Court Administration will place the matter on an upcoming civil calendar for review by that presiding judge 30-60 days after the original hearing date.

Arbitration is an informal trial held before a neutral court official called an arbitrator. Compared to a regular trial, arbitration is intended to be an easier, quicker, and less expensive way to resolve disputes.

? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.

Each justice serves an eight-year term. The Supreme Court has no jury and makes no determinations of fact, but it considers whether error occurred at trial or in judicial interpretation of the law. Read about the history of the Justice Building.

Signing and verification of pleadings. (a) Signing by Attorney. - Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.

As articulated in Arb. Rule 6(i), the arbitrator is to rule upon the evidence presented at the hearing, or lack thereof. Thus an arbitrator may enter a $0 award or an award for the defendant if the evidence presented at the hearing does not support an award for the plaintiff. Arb.

Rule 27. Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate his own testimony or that of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.

Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to ?confirm? the arbitration award. Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction.

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6.2 Opposing counsel/unrepresented parties must be notified of the motion for continuance prior to the delivery of the request to the Arbitration Coordinator. Any party failing to appear may file a Motion for Rehearing within thirty (30) days of the award filing date to the Chief District Court Judge. However, no.If the continuance is granted because you need more time to get a lawyer, ask the court for a reasonable time. To find other Legal Aid of North Carolina ... The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. (b) A respondent may file a counterclaim at any time after notice of the filing of the. Demand is sent by the AAA, subject to the limitations set forth in Rule ... (a) The JAMS Comprehensive Arbitration Rules and Procedures ("Rules") govern binding Arbitrations of disputes or claims that are administered by JAMS and in ... Upon motion by the complainant prior to the expiration of the applicable statute of limitations, a resident judge of the superior court for a judicial district ... Schedule on the non-jury motion calendar (However, in many circumstances the Attorney General will request that hearings on habeas corpus petitions be scheduled ... Motions to continue should be set on the motion call before the Supervising Judge. Notice of such a motion must be given to the Arbitration Administrator. Rule 6(a)(1) will allow for discovery, trial preparation, pretrial motions, disposition and calendaring. A motion to continue a hearing will be heard by a judge ...

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North Carolina Generic Motion for Continuance and Notice of Motion in an Arbitration Matter