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.
Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document used in Rhode Island for requesting a postponement or delay in an arbitration case. This motion is typically filed by one of the parties involved in the arbitration to provide sufficient time to gather evidence, prepare their case, or handle any other important matters before the arbitration hearing. The Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may be composed of the following key elements: 1. Heading: The document typically starts with the court heading, including the name of the court, case number, and names of the parties involved. 2. Introduction: The motion begins with a brief introduction stating the party's intention to request a continuance and the purpose behind it. 3. Identification of the Arbitration Matter: This section provides a summary of the arbitration matter, including a brief overview of the dispute, the relevant dates, and the scheduled hearing date that the party is seeking to postpone. 4. Reasoning for Continuance: Here, the party filing the motion explains the reasons why a continuance is necessary. They might cite reasons such as the need for additional time to complete discovery, insufficient preparation time, or the unavailability of crucial witnesses or experts. The party should provide sufficient details and supporting evidence to justify the requested delay. 5. Supporting Legal and Procedural Grounds: This section highlights the legal and procedural grounds on which the party seeks a continuance. It may reference specific rules or statutes, as well as relevant case law, that support the motion. 6. Notice of Motion: The motion also includes a "Notice of Motion" section, stating the date, time, and location at which the motion will be heard. This notice is typically provided to all parties involved in the arbitration to ensure they have an opportunity to respond or object to the motion. Different types of Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may include: 1. Emergency Motion for Continuance: This type of motion is filed when unexpected circumstances arise just prior to the scheduled hearing that make it extremely difficult or impossible for a party to proceed with the arbitration. Emergency motions typically require immediate attention and are often granted only in cases of extreme urgency. 2. Stipulated Motion for Continuance: In some cases, both parties may agree to a continuance and file a joint motion. A stipulated motion can speed up the process, as it eliminates the need for a hearing if all parties are in agreement. It's important to note that the specific format and content of a Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary depending on the court and the nature of the arbitration case. Therefore, it is advisable to consult with a legal professional or refer to the applicable local rules and practices for guidance in drafting and filing the motion.
