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.
New Mexico Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In New Mexico, when involved in an arbitration matter, parties may need to file a Generic Motion for Continuance and a Notice of Motion to request a postponement of the arbitration hearing. This article will provide a detailed description of what a Generic Motion for Continuance and a Notice of Motion entail. 1. Generic Motion for Continuance: A Generic Motion for Continuance in New Mexico is a formal request made by one party in an arbitration matter to postpone or reschedule the arbitration hearing. This motion is typically filed when a party requires additional time to gather evidence, prepare their case, or accommodate unforeseen circumstances that may hinder their ability to participate in the hearing as scheduled. Keywords: New Mexico, Generic Motion for Continuance, arbitration matter, postpone, reschedule, hearing, evidence, prepare, unforeseen circumstances. 2. Notice of Motion: A Notice of Motion is a document that informs all parties involved in an arbitration matter about the intention to file a specific motion, such as a Motion for Continuance. It is a formal communication method used to notify the opposing party and the arbitration panel about the upcoming motion and allows them an opportunity to respond or contest the request. Keywords: Notice of Motion, New Mexico, arbitration matter, motion, inform, intention, opposing party, arbitration panel, respond, contest. Different Types of New Mexico Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Motion for Continuance due to Insufficient Preparation Time: This type of motion is filed when a party argues that they have not had adequate time to prepare for the arbitration hearing and requests a continuation to adequately gather evidence, interview witnesses, or consult with legal counsel. Keywords: Motion for Continuance, insufficient preparation time, gather evidence, interview witnesses, legal counsel. 2. Motion for Continuance due to Availability Conflict: If a party is unable to attend the arbitration hearing on the scheduled date due to an unavoidable event or a conflicting commitment, they can file a motion requesting a continuance to a more convenient date. Keywords: Motion for Continuance, availability conflict, conflict, commitment, convenient date. 3. Motion for Continuance due to Force Mature: In some cases, unforeseen circumstances beyond a party's control, such as natural disasters, personal emergencies, or significant health issues, can arise, making it impossible to attend the scheduled arbitration hearing. Filing a motion based on force majeure allows a party to request a postponement. Keywords: Motion for Continuance, force majeure, unforeseen circumstances, natural disasters, personal emergencies, health issues. In conclusion, a Generic Motion for Continuance and Notice of Motion are essential tools in an arbitration matter in New Mexico. Parties can use different types of these motions, such as those based on insufficient preparation time, conflicts in availability, or force majeure, to request postponements of the arbitration hearing. It is crucial to follow the specific filing procedures and deadlines set by the arbitration rules in New Mexico while submitting these motions.
