Chelan Superior CourtLMAR 2.1 TRANSFER TO ARBITRATION (a) Statement of Arbitrability. In every civil case the party filing the Note for Trial Docket provided by Civil Rule 40 shall, upon the form prescribed by the court, complete a Statement of Arbitrability.* Within 14 days after the Note for Trial and Statement of Arbitrability have been served and filed, any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a response to the Statement of Arbitrability on the form prescribed by the Court.** In the absence of such response, the Statement of Arbitrability shall be deemed correct, and the case shall be deemed set for arbitration. If a party asserts that its claim exceeds $100,000 or seeks relief other than a money judgment, the case is not subject to arbitration except by stipulation. (b) Failure to File - Amendments. A party failing to serve and file an original response within the time prescribed may later do so only upon leave of court. A party may amend the Statement of Arbitrability or response at any time before assignment of an Arbitrator or assignment of trial date and thereafter only upon leave of court for good cause shown.*** If a party noting the matter for trial setting: (a) has a limited ability to speak or understand the English Language, or (b) knows, or after reasonable inquiry has reason to believe, that any other party to the action has limited ability to speak or understand the English Language, the party noting the matter for trial shall indicate on the Note for Trial Setting and Initial Statement of Arbitrability that an interpreter is needed. The party filing such Notice of Trial Setting and Initial Statement of Arbitrability shall, simultaneously with such filing, provide a copy of the Notice of Trial Setting and Initial Statement of Arbitrability to the Judicial Assistant. (c) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1 will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy.**** * Form LMAR 2.1(a)1 ** Form LMAR 2.1(a)2 *** Form LMAR 2.1(b) **** Form LMAR 2.1(c) [Amended September 1, 2018] Click here to view in a PDF. |
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