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Alabama 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.

In Alabama, a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document that requests a delay or postponement of proceedings in an arbitration case. It is typically filed by one party involved in the arbitration to seek additional time for preparation or to address unforeseen circumstances that may affect the hearing's fairness. The purpose of this motion is to ensure that all parties have adequate time to gather evidence, consult with their legal counsel, and present their case effectively. It allows for a fair and just resolution of the dispute by allowing parties to present their arguments and evidence without feeling rushed or disadvantaged by time constraints. There are various situations in which a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may be appropriate. Some different types of motions that can be filed include: 1. Standard Continuance: This motion is filed to request a general postponement of the arbitration hearing due to reasons such as the unavailability of a key witness, the need for additional time to gather evidence, or the need for further legal research. 2. Emergency Continuance: This type of motion is filed in urgent situations where a party requires an immediate postponement of the arbitration hearing. It may be requested if a party becomes seriously ill, experiences a family emergency, or if unforeseen circumstances arise that make it impossible to proceed on the scheduled date. 3. Continuance for Settlement Negotiations: Parties may file this motion when they are actively engaged in settlement discussions and require additional time to explore the possibility of reach a resolution outside of arbitration. It allows the parties to work towards a mutually agreeable outcome and potentially avoid the need for an arbitration hearing altogether. 4. Continuance for Discovery: If a party needs more time to complete the discovery process, which involves gathering and exchanging relevant information and evidence, they may file this motion. It allows for the thoroughness of the discovery phase, ensuring that all parties have equal access to relevant information crucial to their case. 5. Continuance for Depositions: This motion is filed when a party needs additional time to conduct depositions of key witnesses. Depositions involve taking sworn testimony outside the courtroom, and they are crucial for gathering evidence and building a strong case. When filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter in Alabama, it is essential to include relevant keywords such as "arbitration," "motion for continuance," "Alabama," "notice of motion," "postponement," and "arbitration matter." These keywords help ensure that the document is accurately categorized and easily searchable within the legal system.

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Motion day. Unless the court orders otherwise, an order granting a motion to dismiss shall be deemed to permit an automatic right of amendment of the pleading to which the motion is directed within ten (10) days from service of the order. (dc) District court rule. Rule 78 applies in the district courts.

33(c)] states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it 'as readily as can the party served,' and that the responding party must give the interrogating party a 'reasonable opportunity to examine ...

A person not a party to the action may be compelled to produce documents, electronically stored information, and things or to submit to an inspection as provided in Rule 45. (dc) District court rule. Rule 34 applies in the district courts in those instances where production and inspections are permitted by Rule 26(dc).

The affirmative defenses listed in Rule 8(c) are only a partial list of defenses which should be set forth affirmatively and the rule provides that any ?matter constituting an avoidance or affirmative defense? must be pleaded.

Rule 68 ? Offer of judgment. At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.

Rule 77(a) recognizes that, theoretically, the court is always open for filing papers, etc. Filing with a deputy clerk at her residence was approved in Greeson v. Sherman, 265 F.

Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.

(a) Providing a Regular Schedule for Oral Hearings. A court may establish regular times and places for oral hearings on motions. (b) Providing for Submission on Briefs. By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.

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General verdicts, special verdicts, and interrogatories. Rule 50. Judgment as a matter of law in actions tried by jury; alternative motion for new trial; ... If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the.When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is ... lawyer? y Has the trial in this case been continued before? □ Yes □ No. If “Yes,” who asked for that continuance? ... Fill out the box to the right, then. 2. (b) A respondent may file a counterclaim at any time after notice of the filing of the ... time agreed to by the parties in the arbitration agreement, the matter ... Aug 1, 2015 — may object to a motion to seal a document or may file a motion to unseal a ... Notice of the motion shall be given to the. Marshal, keeper, or ... The JAMS Recommended Arbitration Discovery Protocols (“Protocols”), which are set forth below, provide JAMS arbitrators with an effective tool that will ... (3) Filings of Motions. Memoranda and Affidavits -General. The moving party shall file with the Note for Hearing-Issue of Law form, the following: The motion ... ... arbitration unless the parties show sufficient justification for continuance. ... file a Section 20 petition on the Notice of Motion and Order form. (Check ... Upon receipt of the Continuance & Deferral Application, the Director of the Arbitration ... (2) Upon the filing of a Motion to Transfer from the Compulsory ...

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