Debtor_2013 Posted July 25, 2013 Report Share Posted July 25, 2013 Does anyone know at what point in the lawsuit is it too late to file a motion for Arbitration? Link to comment Share on other sites More sharing options...
DonqIII Posted July 25, 2013 Report Share Posted July 25, 2013 That depends on your state laws, and local court. And it also depends on what a specific agreement states. In my court I was able to motion to compel after a date had been set for a judgement hearing. But in FL you need to practically do it before you are sued.... no not really that bad butit needs to be done very early in proceedings. Link to comment Share on other sites More sharing options...
Oarman1954 Posted July 26, 2013 Report Share Posted July 26, 2013 In Ohio I was able to elect arbitration even after discovery, and the trial date had been set ( 8 months after their filing)...I believe in Ohio you can request it right up until the trial starts. So be sure to check your RCP for Michigan. Link to comment Share on other sites More sharing options...
nobk4me Posted July 26, 2013 Report Share Posted July 26, 2013 Search for case law in your state, too. Link to comment Share on other sites More sharing options...
Savoir Posted July 26, 2013 Report Share Posted July 26, 2013 In Michigan, the rules of civil procedure under Summary Disposition state that the existance of 'an agreement to arbitrate' is a viable defense.Logically, arbitration is electable up to, and in an Opposition to Summary Disposition.MCR 2.116 Summary Disposition©(7)Also see MCR 2.116 (D) (2) Time to Raise Defenses and Objections That is what the rule says ........ expect the plaintiff to squack Link to comment Share on other sites More sharing options...
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