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.
Utah Generic Motion for Continuance and Notice of Motion in an Arbitration Matter A Utah Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document seeking a postponement of a scheduled arbitration hearing in the state of Utah. This motion is commonly filed when one party requires additional time to prepare for the arbitration proceeding, gather evidence, or seek legal counsel. Keywords: Utah, Generic Motion, Continuance, Notice of Motion, Arbitration Matter Types of Utah Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Urgent Continuance Motion: This type of motion is filed in cases where there is an urgent need for postponement due to unforeseen circumstances or emergencies. Urgent continuance motions are typically time-sensitive and may require immediate attention from the arbitration panel. 2. Discovery-based Continuance Motion: This motion is filed when one party believes that there is an incomplete discovery process or that relevant evidence has not been disclosed. The party seeking the continuance argues that they need additional time to complete the discovery process before proceeding with the arbitration. 3. Counsel-related Continuance Motion: This motion is filed when a party's legal counsel is unable to attend the scheduled arbitration hearing due to conflicts in their schedule, health issues, or other valid reasons. The motion requests a continuation of the hearing to allow the party to engage new legal representation or to wait for the attorney's availability. 4. Evidence Gathering Continuance Motion: When a party needs more time to collect additional evidence crucial to their case, they may file an evidence gathering continuance motion. This type of motion aims to ensure a fair and equitable arbitration process by allowing both parties ample time to gather evidence, thereby ensuring a more comprehensive presentation of their respective cases. 5. Conflict Resolution Continuance Motion: In some instances, parties involved in an arbitration matter may be actively engaged in alternative dispute resolution processes, such as mediation. To better facilitate the resolution of their dispute, the parties may file a conflict resolution continuance motion, seeking a temporary postponement of the arbitration hearing until the outcome of the alternative dispute resolution process is determined. In conclusion, a Utah Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document enabling a party to request a delay or postponement of an arbitration hearing in Utah. Several types of such motions exist, including urgent continuance, discovery-based continuance, counsel-related continuance, evidence gathering continuance, and conflict resolution continuance motions. These motions ensure fairness, allow parties time to prepare their cases adequately, and uphold the principle of justice in the arbitration process.
