Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

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US-03289BG
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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

Parties with clearly written agreements to arbitrate may arbitrate their disputes. This act lays out arbitration procedures including the judicial appointment of arbitrators, an arbitrator's award, confirmation of an award, grounds for vacating an award and appeals.

The Arbitration Act is largely based on the UNCITRAL Model Law. There are, however, some significant departures that make it difficult to apply the UNCITRAL Model Law jurisprudence directly to each case.

Rhode Island Civil Statute of Limitations: At a Glance The state of Rhode Island imposes a three-year limit for personal injury, professional malpractice (including medical), and product liability. Fraud and injury to property all carry a 10-year limit.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Arbitration is essentially a form of private justice, in which two parties agree to resolve their dispute through an adjudicatory dispute resolution mechanism they set up themselves.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

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Rhode Island Generic Motion for Continuance and Notice of Motion in an Arbitration Matter