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.
A North Dakota Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed in the state of North Dakota in an arbitration case seeking a postponement of the scheduled proceedings. This type of motion is typically used when either party involved in the arbitration requires additional time to prepare their case or needs to address unforeseen circumstances that would hinder their ability to proceed on the scheduled hearing date. This motion is applicable in various arbitration matters, including contract disputes, commercial disputes, labor disputes, and any other case where parties have agreed to resolve their conflicts through arbitration. It allows either the claimant or respondent to request an extension of time and provides notice to all relevant parties and the arbitrator about their intention to seek a continuance. Keywords: 1. North Dakota: This refers to the specific jurisdiction in which the motion is filed, indicating that the legal action is taking place within the state's jurisdiction. 2. Generic: The term "generic" indicates that the motion template is a general, pre-designed form that can be used for various arbitration cases in North Dakota. It serves as a starting point for the party seeking a continuance and can be adapted as required. 3. Motion for Continuance: This is the principal request made in the document, asking the arbitrator to delay the scheduled proceedings to a later date. The party filing the motion provides legitimate reasons for the requested postponement. 4. Notice of Motion: This section informs all parties involved about the filing party's intention to request a continuance. It ensures transparency and adherence to rules of procedure. 5. Arbitration Matter: Refers to the legal dispute being resolved through arbitration instead of litigation in a court of law. The motion for continuance specifically pertains to cases within this context. Different types of North Dakota Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary based on the specific grounds for seeking a continuance. Common types may include: 1. Continuance Due to Unavailability of Key Witness: If a crucial witness becomes unavailable, the requesting party may file a motion for continuance to ensure their participation in the arbitration. 2. Continuance for Discovery Purposes: If either party needs more time to gather evidence or conduct necessary investigations to support their case, they can file a motion requesting a continuance for discovery purposes. 3. Continuance Based on Impossibility of Preparing Adequately: This type of motion is filed when unforeseen circumstances arise, making it impossible for a party to adequately prepare their case for the scheduled arbitration. 4. Continuance Due to Sudden Illness or Emergency: If a party experiences an unexpected medical emergency or other personal crisis, they may file a motion for continuance to address their inability to proceed with the arbitration as planned. 5. Continuance Requested by Consent of Both Parties: Sometimes, both parties may agree to seek a continuance collectively due to mutual reasons, such as the need for more time to negotiate a potential settlement or to explore alternative dispute resolution methods. These different types of motions offer flexibility to parties involved in the arbitration process, ensuring fairness, and allowing sufficient time for adequate preparation.
