Rule 13.160.Scheduling of the Hearing

The arbitrator schedules the hearing. Time, date, and place are the arbitrator's to set, with reasonable notice of the hearing date to the parties and compliance with ORS 36.420. The arbitrator also gives notice of the hearing date, and of any continuance, to the trial court administrator, so the court can keep track of a case it has handed out.

Local rules can displace the default schedule. A court may adopt a supplementary local rule establishing a deadline for the arbitration hearing and a process for obtaining a postponement or continuance. The cap is that a supplementary local rule may not allow the arbitration process to extend more than six months from the date the case is assigned to an arbitrator. Check your district first, because where such a rule exists, the statewide default does not apply.

Without a local rule, the window is tight. Except for good cause shown, the hearing must be scheduled no sooner than 14 days and no later than 49 days from the date the case is assigned to the arbitrator. Parties may stipulate to a postponement or continuance only with the arbitrator's permission, and it still has to land inside the 49-day period. Going beyond that requires the arbitrator to obtain the presiding judge's approval, and the arbitrator must give notice of any continuance to the trial court administrator.

The rule closes by telling the arbitrator how to think about delay. Continuances and postponements are not to be granted except in the more unusual circumstances. Approximately two months are allocated for the arbitration process, the arbitrator has the power to enforce the rules, and the arbitrator is expected to maintain the schedule.