LMAR 2.1
Transfer to Arbitration
a) Statement of Arbitrability. In every civil case, the
party filing the note for trial setting (Exhibit A) provided
by CR 40 (a) (1) and LCR 40(B) (1), or any party prior to
the time for trial setting, may upon the form prescribed by
the court, complete a statement of arbitrability, which will
be filed In the Superior Court Clerk's office and a
duplicate copy delivered to the Court Administrator's office
and the opposing party or parties. A party failing to file
and serve a statement of arbitrability within the times
prescribed shall be deemed to have waived arbitration, and
may subject the matter to mandatory arbitration thereafter
only upon leave of the court for good cause shown.
b) Response to Statement of Arbitrability. Any party
disagreeing with the statement of arbitrability shall serve
and file a response on the form prescribed by the court
(Exhibit B). A duplicate copy of the response shall be
delivered to the Court Administrator. In the absence of
such a response, the statement of arbitrability shall be
deemed correct. Any response opposing the statement of
arbitrability shall be filed within seven days after the
receipt of the statement of arbitrability. A notice of
issue shall be filed with any response objecting to the
statement of arbitrability, noting the matter for hearing on
the issue of arbitrability within 14 days of filing the response.
c) Failure to File - Amendments. A person failing to
serve and file an original response within the times
prescribed may later do so only upon leave of the court. A
party may amend a statement of arbitrability or response at
any time before assignment of an arbitrator or assignment of
a trial date, and thereafter only upon leave of the court
for good cause shown.
d) By Stipulation. A case in which all parties file a
stipulation to arbitrate under MAR 8.1(b) will be placed on
the arbitration calendar regardless of the nature of the
case or amount in controversy.
e) When Transfer to Arbitration Occurs for Purposes of Application
of Local Rules. The case is transferred to arbitration upon the
filing of a statement of arbitrability indicating
that the case is subject to arbitration, and the
filing of a motion for appointment of arbitrator,
unless an objection to arbitration of the case is
received within the time limits found in LMAR
2.1(b). This transfer shall also trigger the
restriction on discovery contained in MAR 4.2 and LMAR 4.2.
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