Federal Arbitration Act Motion To Compel In Allegheny - Arbitration Case Submission Form
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A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
The notice of any motion to compel must state the following: 1) when and where the hearing will take place; 2) the grounds for the motion, including the specific discovery sought, the statutory authority, and reasons the response is deficient; and 3) the supporting papers (which must also be filed with the motion).
Requirements for Motion – The following requirements must be fulfilled for a proper motion to compel interrogatories: Identify the interrogatories in question by name and set number. CRC 3.1345(d). Meet and Confer Declaration Required. CCP 2030.300(b). Separate Statement Required. CRC 3.1345(a)(2).
A party may compel arbitration as long as they have a valid and enforceable written agreement to submit a dispute to arbitration. Arbitration, and specifically the procedures for compelling arbitration, are governed by Code of Civil Procedure section 1280 et seq.
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
Content: The motion must include a “meet and confer” declaration showing a good-faith attempt at informal resolution of all issues presented in the motion. (§ 2030.300(b). The motion must also be accompanied by a separate statement of questions/document requests and responses in dispute. (CRC, rule 3.1345(a)).
(b) Good Faith Efforts to Confer Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.
A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration.
The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
If one party refuses to participate in arbitration, it can complicate the resolution process, particularly if arbitration is a contractual requirement. However, similar to mediation, the non-participating party's refusal does not prevent the other party from seeking alternative avenues for resolution.