Q: filed motion to dismiss, there is a binding arbitration clause in contract. A hearing is scheduled. why is it needed?
with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.
A:
Sometimes, for various reasons, a court won't grant a motion on default. Also, despite the presence of an arbitration clause, not everything makes it to arbitration.
Jack
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: It could depend on the issues raised in the motion. In general, arbitration clauses are upheld - an attorney could offer more meaningful input after seeing the contract, its arbitration clause, and the motion. Good luck
1 user found this answer helpful
A:
There could be many reasons.
The Court may take the hearing off calendar prior to the hearing date.
There may be a requirement to file a notice of non- opposition.
The wrong type of motion may have been filed. The court may want to instruct the parties. The court’s procedures may be to decide motions at hearing even if not opposed.
1 user found this answer helpful
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