North Dakota 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.

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.

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An affidavit, declaration of service, or certificate of service gives the court proof of service.

A motion is a formal request made by any party for a desired ruling, order, or judgment. The party that makes the motion is known as the movant. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a proceeding, but only after the initial complaint has been filed.

Service of the motion requires that the moving party arrange delivery of the motion documents to the opposing party. The moving party is required to notify the opposing party of the motion and to give the opposing party time to respond.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...

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You must file proof of service with the court that you served copies of the notice of motion, motion, and (proposed) order on all other parties. NORTH DAKOTA ... A required, written notice to the opposing party that the moving party will request an order. Motion. A required, written request to the court for an order. The ...The following questions represent questions frequently asked with regard to representing yourself as a party in a matter before an OAH administrative law ... (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 party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice. 4. If a motion to the ... ... the motion is stated in a written notice of the hearing of the motion. (2) The rules applicable to captions, signing, and other matters of form of pleadings ... Dec 1, 2015 — All preliminary motions will be heard insofar as practicable by the district judge or magistrate judge assigned to the case in question. When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is ... Jun 20, 2023 — a) Within 20 calendar days after the transmittal of any award, any party, upon notice to the other parties, may request the arbitrator, ... Dec 1, 2019 — This document contains the Federal Rules of Civil Procedure to- gether with forms, as amended to December 1, 2019. The rules have been ...

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