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 California Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document submitted to the court to request a postponement or rescheduling of an arbitration hearing. This motion is especially significant when a party needs additional time to prepare their case, secure evidence, or obtain legal representation. There are several types of California Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, which vary based on the specific circumstances: 1. Standard Motion for Continuance: This motion requests a general postponement of the arbitration hearing date due to various reasons such as the unavailability of key witnesses or unexpected developments in the case. 2. Motion for Continuance based on the Complexity of the Case: This type of motion is filed when the case involves technical or complex legal issues that require additional time for legal research and preparation. 3. Motion for Continuance due to Scheduling Conflicts: Parties may file this motion if a conflict arises with the scheduled hearing date due to prior commitments, engagements, or other unavoidable circumstances. 4. Emergency Motion for Continuance: In urgent situations where an immediate resolution is required, such as a medical emergency or a critical event impacting the parties' ability to participate, an emergency motion for continuance can be filed. 5. Motion for Continuance based on Newly Discovered Evidence: If new evidence comes to light shortly before the arbitration hearing, a motion for continuance may be filed to allow time for the proper evaluation, analysis, and potential integration of the evidence into the case. In every motion, it is crucial to provide a detailed explanation of the circumstances requiring the continuance and present supporting evidence whenever possible. The party filing the motion must also serve a Notice of Motion to alert all other parties involved and give them an opportunity to respond or oppose the request for continuance. It is essential to follow the specific rules and procedures outlined by the relevant arbitration body or court. When preparing a California Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, it is advisable to seek legal advice from an attorney experienced in arbitration and familiar with the specific rules and requirements of the jurisdiction in question.
