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Allowable Pretrial Motions that don't preclude MTC Arbitration and unintentionally initiate the lawsuit

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Pretrial Motions

It is understood that the card agreement is the major determining factor for motioning the court for private arbitration. In Oregon it's a delicate dance to move the Court to private arbitration and requires proper emphasis on FAA rules of procedure, card agreement and allowable local ORS statutes to avoid the mandatory court appointed arbitration.

Within the legal system there exist eleven types of motions. Most are disputes between parties and some are criminal. Some can be filed as pre-trial motions.

When I file my answer to summons and complaint along with a motion to stay trial and compel private contractual arbitration are there other pretrial motions I can file such as motion to dismiss or motion to strike NOT incorporated with the answer.

Is the meet and confer requirement for these motions waived if filed with an answer. What can I actually file for motions and prevent initiating actual trial proceedings.


Useful Compel Arbitration Case law Oregon




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