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.
Contra Costa County, California, Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed by a party involved in an arbitration case in the Contra Costa County court system seeking to postpone or extend a particular hearing or deadline. This motion is commonly utilized when unforeseen circumstances or valid reasons arise, making it necessary to request an extension or rescheduling. In Contra Costa County, there are several types of Generic Motion for Continuance and Notice of Motion in an Arbitration Matter that parties may file based on specific circumstances. These motions include: 1. "Motion for Continuance Due to Medical Emergency": This is filed when a party or their attorney is facing a sudden physical ailment, injury, or any medical emergency that prevents them from attending the hearing or meeting the required deadline. 2. "Motion for Continuance Due to Unforeseen Conflict": This motion is applicable when an unplanned conflict arises that prevents a party or their attorney from appearing or meeting the scheduled obligation. Examples of conflicts may include another court proceeding, unexpected travel, or personal emergencies. 3. "Motion for Continuance Due to Insufficient Time for Preparation": Parties may file this motion when they believe they have not had adequate time to prepare for the hearing or meeting. This can be due to factors such as newly discovered evidence or complex legal issues that require additional research or expert consultation. 4. "Motion for Continuance Due to the Non-Availability of Key Witnesses": If a party anticipates that crucial witnesses will be unavailable on the scheduled hearing date due to reasons such as illness, unavailability, or conflicting commitments, they can file this motion. When filing the Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, the requesting party must provide a detailed explanation of the reasons necessitating the continuance, including any supporting evidence or documentation. It is essential to comply with the specific guidelines and deadlines set by the Contra Costa County court regarding the filing and service of such motions. Please note that the provided types of motions are examples and not an exhaustive list. The exact terminology and requirements for a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary in different jurisdictions or be subject to change over time. Therefore, it is crucial to consult with a legal professional or refer to the applicable local court rules for accurate and up-to-date information before drafting and filing such a motion in Contra Costa County, California.Contra Costa County, California, Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed by a party involved in an arbitration case in the Contra Costa County court system seeking to postpone or extend a particular hearing or deadline. This motion is commonly utilized when unforeseen circumstances or valid reasons arise, making it necessary to request an extension or rescheduling. In Contra Costa County, there are several types of Generic Motion for Continuance and Notice of Motion in an Arbitration Matter that parties may file based on specific circumstances. These motions include: 1. "Motion for Continuance Due to Medical Emergency": This is filed when a party or their attorney is facing a sudden physical ailment, injury, or any medical emergency that prevents them from attending the hearing or meeting the required deadline. 2. "Motion for Continuance Due to Unforeseen Conflict": This motion is applicable when an unplanned conflict arises that prevents a party or their attorney from appearing or meeting the scheduled obligation. Examples of conflicts may include another court proceeding, unexpected travel, or personal emergencies. 3. "Motion for Continuance Due to Insufficient Time for Preparation": Parties may file this motion when they believe they have not had adequate time to prepare for the hearing or meeting. This can be due to factors such as newly discovered evidence or complex legal issues that require additional research or expert consultation. 4. "Motion for Continuance Due to the Non-Availability of Key Witnesses": If a party anticipates that crucial witnesses will be unavailable on the scheduled hearing date due to reasons such as illness, unavailability, or conflicting commitments, they can file this motion. When filing the Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, the requesting party must provide a detailed explanation of the reasons necessitating the continuance, including any supporting evidence or documentation. It is essential to comply with the specific guidelines and deadlines set by the Contra Costa County court regarding the filing and service of such motions. Please note that the provided types of motions are examples and not an exhaustive list. The exact terminology and requirements for a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary in different jurisdictions or be subject to change over time. Therefore, it is crucial to consult with a legal professional or refer to the applicable local court rules for accurate and up-to-date information before drafting and filing such a motion in Contra Costa County, California.