Chapter 12 - § 12.5 • MOTIONS

• Jurisdiction: Colorado

§ 12.5 • MOTIONS

What motions can be filed in arbitration? The statutes generally do not have any provisions with respect to traditional motions in a civil action. An exception is the CRUAA, C.R.S. § 13-22-215(2), which provides for motions for summary disposition. The courts have held that arbitrators have the authority to grant prehearing motions.¹⁶ Potential motions that might be made include:

• To dismiss on the ground that the dispute is not arbitrable;
• To dismiss for failure to state a claim;
• For preliminary injunction;
• To certify as a class;
• To bifurcate or consolidate;
• To join parties;
• To compel discovery;
• To quash or enforce a subpoena;
• To exclude evidence (motion in limine);
• To enforce orders (grant sanctions);
• To dismiss/transfer for improper or inconvenient forum; and
• For summary judgment.

Motions with respect to the arbitrability of the dispute may or may not be for the arbitrator, as distinguished from a judge. As provided by the statutes, motions to enforce subpoenas, at least if directed to non-parties, must, by statute, be made to a judge.

In the absence of anything in the agreement to arbitrate requiring or prohibiting motions, most arbitrators consider it within their inherent power to hear certain motions. Generally, they are the same kinds of motions as a court would entertain, and with the same reluctance and hesitancy with respect to motions to dismiss for failure to state a claim, motions for summary judgment, etc. In sum, most arbitrators will follow very generally the court systems and procedures with respect to allowing motions.

§ 12.5.1—Motions For Summary Judgment/Dismissal

The CRUAA, C.R.S. § 13-22-215(2) (2016)...