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

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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.

Wyoming Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: In the state of Wyoming, a Generic Motion for Continuance and Notice of Motion in an Arbitration matter is used when a party involved in an arbitration proceeding wishes to request a postponement or rescheduling of the hearing. This motion is typically filed when there is a valid reason that prevents the party from attending the scheduled arbitration hearing or when more time is needed to prepare adequately. Keywords: Wyoming, Generic Motion for Continuance, Notice of Motion, Arbitration Matter, postponement, rescheduling, hearing, valid reason, valid grounds. Different types of Wyoming Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Generic Motion for Continuance due to Personal or Emergency Circumstances: This type of motion is filed when a party is unable to attend the arbitration hearing due to personal reasons, such as illness, family emergencies, or unavoidable conflicts. The party must provide substantial evidence or documentation proving the validity of the reason for the requested continuance. 2. Generic Motion for Continuance due to Lack of Preparation Time: This motion is filed when a party feels they require additional time to properly prepare their case for the arbitration hearing. Valid reasons can include the complexity of the case, the need for further legal research, or the unavailability of key evidence or witnesses. The party must demonstrate their diligence in attempting to gather necessary information and explain why additional time is crucial for a fair resolution. 3. Generic Motion for Continuance based on the Other Party's Action or Inaction: In certain situations, a party may file a motion for continuance due to the other party's actions or inaction that have hindered proper preparation. This could include instances where the opposing party intentionally withheld crucial documents, failed to respond to discovery requests, or engaged in dilatory tactics. The motion must outline the specific behavior that has caused the delay and its impact on the fair proceedings of the arbitration. 4. Generic Motion for Continuance due to an Impartiality Concern: In some cases, a party may have valid reasons to doubt the impartiality of the arbitrator(s), such as a conflict of interest or bias. This motion requests a continuance to allow the party to investigate these concerns and potentially challenge the arbitrator(s) or request a new panel. The motion must provide substantial evidence supporting the doubts raised and the potential impact on a fair and just resolution of the matter. It is important to note that every case and circumstance may vary, and it is advisable to consult with an attorney or legal professional for specific information and guidance regarding the Wyoming Generic Motion for Continuance and Notice of Motion in an Arbitration Matter.

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Rule 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.

At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.

Under Rule 35, Wyoming Rules of Civil Procedure, whenever the physical or mental condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician.

A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney.

Rule 30 - Depositions by oral examination (a) When a Deposition May Be Taken. (1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest 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.

If a deposition-related motion is transferred to the court where the action is pending, and that court orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of either the court where the discovery is taken or the court where the action is pending.

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