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.
South Dakota Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: In legal proceedings in South Dakota involving an arbitration matter, a Generic Motion for Continuance and Notice of Motion plays a crucial role. This motion gives parties the opportunity to request a postponement of scheduled arbitration proceedings due to specific reasons, such as unavailability of a necessary witness, the need for additional time to prepare, or other valid grounds. There are several types of South Dakota Generic Motion for Continuance and Notice of Motion, each serving a distinct purpose in an arbitration matter: 1. Generic Motion for Continuance Due to Witness Unavailability: This motion is filed when important witnesses, whose testimonies are deemed essential to the case, are unavailable to testify on the scheduled date. The moving party must provide valid reasons for the witness's absence and demonstrate the witness's relevance to the outcome of the arbitration. 2. Generic Motion for Continuance Due to Insufficient Time for Preparation: This type of motion is utilized when the moving party requires additional time to adequately prepare their case. It may be filed if new evidence has surfaced, unexpected complexity has arisen, or if the previous allotted time for preparation proves to be insufficient for a fair presentation of the party's position. 3. Generic Motion for Continuance Based on Force Mature: In exceptional cases, unforeseen circumstances beyond the control of the parties may warrant a motion for continuance. These circumstances may include natural disasters, serious illness, or other events that make it impossible or impractical to proceed with the arbitration as scheduled. Regardless of the type of Generic Motion for Continuance filed, it is essential to duly notify all parties involved and provide them with a Notice of Motion. This notice serves as an official communication, informing them of the intention to request a postponement and providing them with an opportunity to respond or object to the motion. In South Dakota arbitration matters, the Generic Motion for Continuance and Notice of Motion must contain specific elements, such as the case name and number, the date of the scheduled arbitration, detailed reasoning supporting the need for a continuance, and a proposed rescheduled date or timeframe. Parties seeking a continuance in an arbitration matter should refer to the South Dakota Rules of Civil Procedure and any specific rules established by the arbitration organization overseeing the case. Understanding and adhering to these rules ensures that the motion follows the correct procedures and increases the chances of a successful continuance request. In conclusion, a South Dakota Generic Motion for Continuance and Notice of Motion in an arbitration matter provides an opportunity for parties to request a postponement of arbitration proceedings. Whether due to witness unavailability, insufficient preparation time, or force majeure events, parties should carefully draft their motions, follow the necessary legal procedures, and serve proper notice to all involved parties.
