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.
The Oklahoma Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document used in the state of Oklahoma to request a postponement of an arbitration hearing and notify all parties involved about this motion. This motion is typically filed by one party in the arbitration proceeding, seeking more time to prepare, gather evidence, or address other circumstances that may hinder their ability to proceed with the hearing as scheduled. The motion aims to ensure a fair and just arbitration process by allowing parties to adequately prepare their case. In Oklahoma, there are several types of Generic Motion for Continuance and Notice of Motion that parties may file, depending on the circumstances and grounds for the request. Some common types include: 1. Generic Motion for Continuance — Insufficient Time: This type of motion is filed when one party feels they were not given enough time to properly prepare for the arbitration hearing. The party may argue that due to the complexity of the case or unexpected circumstances, additional time is required to gather evidence, subpoena witnesses, or consult experts. 2. Generic Motion for Continuance — Unavailability of Key Witnesses: If a crucial witness is unable to attend the arbitration hearing as scheduled, a party may need to file this motion to request a continuance. Supporting documentation, such as official statements from the witness or medical records, might be required to prove the witness's unavailability. 3. Generic Motion for Continuance — Pending Settlement Negotiations: This type of motion is submitted when parties are actively engaged in settlement talks and believe that more time is needed to reach a resolution outside of arbitration. The motion may outline the ongoing negotiations and express the desire to explore settlement options before proceeding with the hearing. 4. Generic Motion for Continuance — New Evidence Discovery: In cases where a party uncovers new evidence that could significantly impact the outcome of the arbitration, this motion can be filed to request additional time to review and incorporate the evidence into their case. The party must demonstrate the relevance and materiality of the discovered evidence to support the motion. The Notice of Motion is a separate document accompanying the motion itself. It serves as a formal notification to all parties involved, including the arbitrator or arbitration provider, about the filing of the Motion for Continuance. The Notice of Motion states the intended date of the hearing, the grounds for the motion, and any supporting documentation that will be presented. In conclusion, the Oklahoma Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a crucial legal tool to request a postponement in arbitration proceedings. Depending on the circumstances leading to the requested continuance, there are various types of motions that parties may file, such as those related to insufficient time, unavailability of key witnesses, pending settlement negotiations, or the discovery of new evidence. The Notice of Motion accompanies the motion itself and formally informs all parties involved about the filing and its grounds.
