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Petition to Compel Arbitration (State Court)
[Style of Case]
PLAINTIFF’S ORIGINAL PETITION TO COMPEL ARBITRATION
TO THE HONORABLE JUDGE OF SAID COURT:
_____ (hereafter “Plaintiff”) files this Original Petition complaining of _____ (hereafter “Defendant”) and would show the Court as follows:
THE PARTIES
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Plaintiff is an individual who is a resident of the State of Texas.
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Defendant is a corporation duly qualified to do business in the State of Texas.
JURISDICTION AND VENUE
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Defendant was doing business in _____ County, Texas, at all times relevant to this lawsuit and did business in _____ County, Texas, that caused the incident that is the subject of this lawsuit. Further, the incident and the damages sustained because of the incident occurred in _____ County, Texas. Therefore, jurisdiction and venue are proper in _____ County, Texas. As a proximate result of said “incident,” damages in excess of the minimum jurisdictional limits of this Court were incurred by Plaintiff. The damages suffered include, but are not limited to, _____.
SERVICE
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Defendant may be served by serving the Petition, citation, and service of process upon the [Defendant personally/appropriate registered agent, person and/or entity upon whom service can be obtained].
FACTS
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The Defendant [entered into a contract/was subject to a mandatory arbitration agreement] with Plaintiff. The contract provides for mandatory binding arbitration pursuant to the Texas General Arbitration Act (Sections 171.001-171.020 of the Texas Civil Practice and Remedies Code). Attached hereto as Exhibit “A” are true and correct copies of _____ pages of the [contract/mandatory arbitration agreement]. Pursuant to Article _____ of the [contract/arbitration agreement], Plaintiff demands that Defendant proceed to arbitration to resolve this dispute.
ALTERNATIVE PLEADINGS IN THE EVENT
THE COURT DOES NOT COMPEL ARBITRATION
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In the unlikely event that this Court does not compel arbitration of this matter, Plaintiff pleads the following causes of action and seeks relief pursuant to the common law of Texas.
[INSERT CAUSES OF ACTION]
JURY DEMAND
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Plaintiff demands that this Court empanel a lawful jury to hear this case.
RESERVATION OF RIGHTS
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Plaintiff specifically reserves the right to bring a cause of action for breach of an express warranty and other additional causes of action against Defendant and to amend this Petition as...
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Request your trial- Appendices
- Substantive Forms
- Special Exception and Answer (State Court)
- Motion to Stay Pending Arbitration, Alternatively Motion to Dismiss (Federal Court)
- Defendant's Standard Brief in Support of Motion to Stay Pending Arbitration (Federal Court)
- Defendant's Standard Brief in Support of Motion to Compel Arbitration, Dismiss and Stay Proceedings (State Court)
- Motion to Compel Arbitration, Dismiss, and Stay (State Court)
- Petition to Compel Arbitration (State Court)
- Plaintiff's Original Petition
- General Complete Release in Favor of Defendant (With Mutuality Option)
- Separation and Release Agreement (For Unrepresented Employee)
- Settlement Agreement and Release (Includes OWBPA Language)
- Defendant's Motion for Summary Judgment: Mitigation of Damages
- Notice of Intent to Use Discovery Products
- Affidavit - Discovery Authentication
- Affidavit - Authentication of Deposition Excerpts
- Order Granting Objections to Summary Judgment Evidence
- Affidavit - Business Records
- Emergency Motion for Temporary Stay Pending Appeal to 5th Circuit
- Brief for Emergency Motion for Temporary Stay
- Unopposed Motion to Expe 5th Circuit Appeal
- Brief Supporting Motion to Expe Appeal
- Opposition to Motion to Vacate Arbitration Award; Motion and Brief to Confirm Arbitration Award
- Consolidation Motion (Fed)
- Response to EEOC Charge of Discrimination
- Joinder in/Consent to Removal
- Defendant's Motion for Summary Judgment: After-Acquired Evidence, Wrongful Discharge, Constructive Discharge, IIED, Retaliation, Whistleblowing
- Amended Complaint - TCHRA - Age Discrimination
- Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Supporting Brief - Title VII - Federal Court
- Defendant's Plea to Jurisdiction
- Plaintiff's Brief in Support of Motion for Summary Judgment - ADEA - Federal Court
- Plaintiff's Letter Brief - Gender Discrimination - Cat's Paw Doctrine
- Plaintiff's Petition - Employment Agreement - Fraud
- Plaintiff's Petition - Workers' Compensation Retaliation
- Plaintiff's Response to Defendant Employer's Motion for Summary Judgment - Workers' Compensation Retaliation Case
- Motion for Summary Judgment (by Employer) for False Imprisonment and Breach of Contract
- Plaintiff's Original Petition - Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's Original Petition-FMLA, ADEA
- Plaintiff's Motion to Dismiss Pursuant to Settlement
- Order of Dismissal
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