SLR 5-13.131: TIME FOR ARBITRATION HEARING

(1) As authorized by UTCR 13.160(2), except for good cause shown, the arbitration hearing must be scheduled to take place not later than 91 days from the date of assignment of the case to the arbitrator. Except for applying this 91-day time period in place of the 49-day time period set in UTCR 13.160(3), all other requirements of UTCR 13.160 (3) and (4) apply to the scheduling, postponement or continuance of an arbitration hearing. (2) If an arbitration hearing is not scheduled within 180 days from the date a case is assigned to arbitration, the court will remove the case from arbitration and will proceed with trial, unless: (a) A party or the arbitrator files a Motion, Declaration and Order to Continue Arbitration. The documents will be reviewed by the judge assigned to oversee arbitration matters at the court, who will have discretion to continue the case in Page 33 of 37 the arbitration program only if the parties establish extraordinary circumstances justifying the delay in the arbitration hearing date. If the parties do not make a showing of extraordinary circumstances, the judge assigned to oversee arbitration matters at the court shall order the case to be returned from arbitration. (3) In all cases subject to mandatory arbitration, a trial date will be set in accordance with the court’s regular trial setting procedure and UTCR 7.020(5). Any arbitration hearings scheduled to be held less than sixty-two (62) calendar days from the date scheduled for trial shall be accompanied by a Motion, Declaration and Order to Postpone the trial date. The arbitrator may elect to draft the forms or may direct a party to draft and submit the forms to the arbitrator for filing with the court. All requests to postpone a trial date must comply with UTCR 6.030 and SLR 6.031. (4) Pursuant to UTCR 13.160(4), the arbitrator is given power to enforce the rules and will be required to maintain the schedule as outlined in this rule. If the arbitrator does not keep the schedule or timely file the appropriate documents to request postponement or continuance, the court will remove the case from arbitration and the case will proceed with trial.