Vermont Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

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Multi-State
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US-03289BG
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Description

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.

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FAQ

A subpoena may be served by the sheriff, by his deputy, by a constable, or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named.

Notice of Arbitration means the document given when initiating recourse to arbitration or to join any Party as an Arbitrating Party as well as to initiate recourse in arbitration against any Party which is already an Arbitrating Party.

Continue means to postpone or reschedule. The motion should be filed well ahead of the scheduled court date. In your motion, you must explain why you are asking to reschedule. You must also say whether the other party agrees with your request to continue.

RULE 17. (a) For Attendance of Witnesses; Form; Issuance. A subpoena must be issued provided by the clerk, a judge, or a member of the Vermont bar.

The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

Rule 29 - Motion for Judgment of Acquittal (a)Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 42 days after service of the summons and complaint upon that defendant.

A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.

Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.

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Vermont Generic Motion for Continuance and Notice of Motion in an Arbitration Matter