When Is It To Late To Elect For Arbitration

[Debtor_2013 0]

Does anyone know at what point in the lawsuit is it too late to file a motion for Arbitration?

[DonqIII 34]

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 but

it needs to be done very early in proceedings.

[Oarman1954 15]

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.

[nobk4me 390]

Search for case law in your state, too.

[Savoir 312]

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