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Showing results for tags 'pre-discovery issues'.
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Answer to a Complaint: Some States have Court Adjoined Mandatory Arbitration to reduce caseload. Filing a Motion to Compel Private Arbitration is challenging as it possibly deprives the Court of fees should the majority of credit card lawsuits file for MTC and receive award and stay of action. We know Federal Arbitration Rules take precedent over the States however tend to get ignored . Once engaged in the discovery process the case moves forward and the action will most of the time preclude the MTC for private arbitration. Question: If I file an Answer to my Summons & Complaint that includes a countersuit will this be construed as a forward action preventing a motion to compel private arbitration (MTC). Would the results be similar as filing discovery and initiating the action in Civil Court.