Vermont Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration

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Multi-State
Control #:
US-02644BG
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Word; 
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Description

A motion to stay refers to a motion filed to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration
  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration
  • Preview Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration

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FAQ

If a party has a pending lawsuit with arbitrable and non-arbitrable clauses and a petition to compel arbitration has been granted, a plaintiff may dismiss his/her lawsuit without prejudice under Code of Civil Procedure section 581 and as long as the statute of limitations allows, file a second suit without the ...

You can compel arbitration as long as you have a valid and enforceable written agreement to force the other party to submit the dispute to arbitration. For instance, if a debt collector sues you, you can file a Motion to Compel Arbitration to avoid going to court or delay the court process.

Rules and Requirements A petition to compel arbitration must allege the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy. CCP § 1281.2 (c) (amended eff 1/1/19).

In forced arbitration, a company requires a consumer or employee to submit any dispute that may arise to binding arbitration as a condition of employment or buying a product or service. The employee or consumer is required to waive their right to sue, to participate in a class action lawsuit, or to appeal.

The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence an agreement to arbitrate a dispute exists. (Pinnacle, supra, 55 Cal. 4th at p. 236; Rosenthal v.

Under Aden's interpretation, the sole remedy available to a party prejudiced by default would be a court order compelling a return to arbitration. The same offending party could then default a second time, and the prejudiced party's sole remedy, again, would be another order compelling arbitration.

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Vermont Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration