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.
A Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed by a party in an arbitration case requesting an extension of time or rescheduling of a specific hearing or deadline. This motion provides the necessary details and justifications for why the continuance is being sought. When drafting a Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, it is essential to include the following information: 1. Heading: Begin the document with the case's name, court's name, and the assigned case number. 2. Title: Clearly state the document's purpose as "Motion for Continuance and Notice of Motion in an Arbitration Matter." 3. Introduction: Provide a brief introduction expressing the moving party's name, their position (plaintiff or defendant), and a summary of the arbitration matter at hand. 4. Parties' Information: Include the full legal names, addresses, and contact information of both the moving party and the opposing party. 5. Hearing or Deadline Details: Specify the exact date, time, and location of the scheduled hearing or deadline that requires a continuance. 6. Reason for Continuance: Present a detailed explanation for why the moving party requires a continuance. This could include unforeseen circumstances such as illness, absence of key personnel or witnesses, unavailability of necessary evidence, or any other valid reasons. Be sure to support the reason with relevant facts and any supporting documents available. 7. Length of Continuance: Indicate the requested length of the continuance. This could be a specific number of days, weeks, or months, depending on the circumstances. Ensure the new proposed date is reasonable and practical. 8. Proposed New Date: Suggest an alternative date for the hearing or deadline, taking into account the availability and convenience of all parties involved. If possible, consult with opposing counsel before proposing a specific date and time. 9. Supporting Arguments: Offer additional arguments or supporting evidence justifying the need for a continuance. This could include affidavits, medical records, travel itineraries, or any other relevant documents that strengthen the motion. 10. Notice of Motion: Include a section labeled "Notice of Motion" formally alerting the opposing party about the intent to file this motion. The notice should include the proposed date of filing, typically 14-21 days before the scheduled hearing or deadline. 11. Signature and Date: Conclude the motion with the moving party's signature, full printed name, date, and contact information. Types of Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary depending on the specific context of the arbitration case. These could include motions for continuance due to conflicting scheduling conflicts, unavailability of key witnesses, unexpected circumstances, or any other reason that warrants a delay or rescheduling. By strategically incorporating relevant keywords such as "arbitration matter," "continuance," "Washington," "motion," "notice," and "generic," this description outlines the essential components and characteristics necessary when drafting a Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter.
