Chapter 3 - FORM 3-4 : MOTION TO COMPEL ARBITRATION OR DISMISS

• Jurisdiction: Colorado

Form 3-4: Motion to Compel Arbitration or Dismiss

District Court, __________ County, Colorado Court Address:	▲ COURT USE ONLY ▲
Plaintiff(s): v. Defendant(s):
Attorneys for Plaintiff (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #:	Case Number: Div.: Ctrm.:
DEFENDANT'S MOTION TO COMPEL ARBITRATION, OR IN THE ALTERNATIVE, MOTION TO DISMISS

Defendant [defendant's name], by and through its attorneys [names of defendant's counsel], submits this Motion to Compel Arbitration, or in the Alternative, Motion to Dismiss pursuant to Colo. R. Civ. P. 12(b)(1), and in support of its Motion states as follows:

CERTIFICATION

Counsel for Defendant certifies that, pursuant to Colo. R. Civ. P. 121 § 1-15(8), the undersigned notified counsel for Plaintiffs by correspondence dated [date] of Defendant [name of defendant]'s intentions to file this motion. Counsel for Defendant [defendant's name] has not yet received a response.

MOTION

1. Defendant seeks to compel arbitration because the terms of the [describe type of contract, such as: employment agreement or lease] signed by both Defendant [name of defendant] and Plaintiffs [names of plaintiffs] expressly requires that any and all conflicts arising from and related to the contract will be resolved by binding arbitration. In the alternative, Defendant seeks dismissal of Plaintiffs' Complaint because this court lacks subject matter jurisdiction pursuant to Colo. R. Civ. P. 12(b)(1).

2. The Plaintiffs' claims for [types of claims] pertain to the [briefly describe facts giving rise to the claims]. The [type of contract] requires that all claims arising from and related to the contract must be resolved by arbitration. Therefore, this court should...