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

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Multi-State
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US-03289BG
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Word; 
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Description

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.

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FAQ

A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: (A) that the witness is dead; (B) that the witness is more than 100 miles from the place of hearing or trial or is outside the state of Idaho, unless it appears that the witness's absence was procured by the party ...

Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 14 days after the verdict, finding of guilty, or imposition of sentence, or within any further time the court may set during the 14-day period.

Of note, as of September 7, 2009, the District of Idaho Local Civil Rules Committee also had proposed Local Rule 83.6(a) to govern an attorney's appearance in a federal court case, which would provide that "[a]n attorney's signature to a pleading filed with the Court shall constitute an appearance by the attorney who ...

(1) Minutes of any hearing or matter heard by telephone or video teleconference must be prepared and filed in the action. (2) The hearing or matter to be audio recorded electronically with the recording to be made, retained and erased as the court may direct.

(1) A defendant may move for a judgment of acquittal, or renew the motion, within 14 days after the jury is discharged or within such further time as the court orders during that 14-day period. (2) If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal.

Idaho Rules of Civil Procedure Rule 75. Contempt. This rule governs all contempt proceedings brought in connection with a civil lawsuit or as a separate proceeding. It does not apply to contempt charged under Idaho Code Section 18-1801, or any other criminal statute.

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