LRMA 2.1. TRANSFER TO ARBITRATION (a) Statement of Arbitrability. In every civil case to which the scheduling procedure set forth in LR 26F applies, each party filing and serving a status conference statement (Form LR 8-B) shall indicate thereon whether or not the case is subject to mandatory arbitration. Alternatively, any party who asserts that a case is subject to mandatory arbitration may at any time file and serve on all other parties a statement of arbitrability. (b) Response. A party who disputes another party's assertion that the case is or is not subject to mandatory arbitration shall so advise the court in any one of these ways: (1) by so indicating in the status conference statement (Form LR 8-B); (2) by so indicating at the commencement of the status conference required by LR 26F(a); or (3) by serving and filing a written response to another party's statement of arbirtrability within 14 days of service thereof. (c) Amendment. A party may amend a statement of arbitrability, response, or other assertion regarding arbitrability of the case at any time before assignment of an arbitrator, and thereafter only upon leave of the court for good cause shown. (d) Failure to File. If no response or other dispute regarding arbitrability is filed or brought to the attention of the court as provided in this rule, then a statement that the case is subject to mandatory arbitration will be deemed correct. (e) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1 will be transferred to arbitration regardless of the nature of the case or the amount in controversy. [Amended 1990; amended effective September 1, 2012]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|