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.
Mississippi Generic Motion for Continuance and Notice of Motion in an Arbitration Matter A Mississippi Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document that is filed by either party in an arbitration case in Mississippi. This motion is typically filed when one party needs to request a postponement or delay in the arbitration proceedings for various reasons. A motion for continuance is usually presented by an attorney on behalf of their client and must meet certain requirements set by the Mississippi Code of Civil Procedure. The purpose of filing this motion is to provide adequate notice to the other party and the arbitrator(s) about the request for a continuance and the reasons behind it. Keywords: Mississippi, generic motion, continuance, notice of motion, arbitration matter. There can be different types of Mississippi Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, depending on the specific circumstances of the case. Some common types include: 1. Motion for Continuance due to scheduling conflicts: This type of motion is filed when one party is unable to attend the arbitration hearing on the originally scheduled date due to conflicting commitments, such as another court hearing, medical emergency, or personal reasons. 2. Motion for Continuance based on lack of preparation time: Parties might file this motion when they believe they haven't had sufficient time to prepare their case adequately. They may argue that additional time is needed to gather evidence, interview witnesses, or consult with experts to present a strong case in arbitration. 3. Motion for Continuance due to settlement negotiations: If the parties are engaged in settlement discussions and believe that more time is needed to reach a resolution, they may file this motion. They can present their intention to finalize a settlement before proceeding with arbitration and request a continuance to provide an opportunity for negotiation. 4. Motion for Continuance based on medical grounds or emergencies: This type of motion is filed when a party or their attorney experiences a sudden illness, injury, or other unforeseen circumstances that prevent them from participating in the arbitration hearing as scheduled. Proper documentation, such as medical records, may be required to support the motion. 5. Motion for Continuance due to non-availability of witnesses: If a crucial witness required to present their testimony is unavailable on the scheduled hearing date and the party has made reasonable efforts to ensure their attendance, a motion may be filed to request a continuance until the witness can be present. 6. Motion for Continuance because of an intervening event: Parties may file this motion if there are unforeseen events that significantly impact the arbitration proceedings, such as changes in legislation, significant case law, or natural disasters affecting the venue where the arbitration is being held. It is crucial to note that the specific grounds and requirements for filing a Mississippi Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary depending on the chosen arbitration rules, local court rules, and the discretion of the arbitrator(s). Therefore, it is advisable to consult with an attorney familiar with Mississippi arbitration laws before drafting and filing such a motion.
