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stay granted without written order


tjabq
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Today the judge in my case said he granted the stay pending private contractual arbitration and said I had to initiate but did not issue a written order.

can anyone explain this? on the court website the ruling is listed as "MISCELLANEOUS:CASE NOTES: NO ACTION NECESSARY UNLESS NOTIFIED" The judge said to notify him by writing a letter that initiation had been done and the time limit was "around 6 months and we will see what happens" .

What the hell is this all about?

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Today the judge in my case said he granted the stay pending private contractual arbitration and said I had to initiate but did not issue a written order.

can anyone explain this? on the court website the ruling is listed as "MISCELLANEOUS:CASE NOTES: NO ACTION NECESSARY UNLESS NOTIFIED" The judge said to notify him by writing a letter that initiation had been done and the time limit was "around 6 months and we will see what happens" .

What the hell is this all about?

Sounds like you have 5 months, 29 days and 23 hours to initiate...lol or not...lol 8-)

RL

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Today the judge in my case said he granted the stay pending private contractual arbitration and said I had to initiate but did not issue a written order.

can anyone explain this? on the court website the ruling is listed as "MISCELLANEOUS:CASE NOTES: NO ACTION NECESSARY UNLESS NOTIFIED" The judge said to notify him by writing a letter that initiation had been done and the time limit was "around 6 months and we will see what happens" .

What the hell is this all about?

In your situation you could have asked for 'reconsideration' on intitiation - unless you didn't mind. The moving party or plaintiff can not be expect the defendant to file a complaint against them self - the party who brought the claim should be argued to initiate the arbitration claim - unless you see advantage and have a counter claim.

Motion for Reconsideration

While the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment. Review your states RCP’s. A motion directed to a nonfinal order is actually a "motion for reconsideration" based upon this inherent and discretionary authority of the trial court; differences between reconsideration and rehearing. Be aware of the basis for reconsideration--as well as its effect on any subsequent appeal--from the case law. See, http://findarticles.com/p/articles/mi_hb6367/is_6_83/ai_n31945803/

Edited by FL4answer58
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