Motion to Stay Pending

Motion to Stay Action Pending Arbitration

IN THE COURT OF

STATE OF

PLAINTIFF

VS. CAUSE NO.

DEFENDANT

Motion to Stay Action Pending Arbitration

Comes now (Name of Defendant), Defendant, in the above-captioned cause, who, by and through his attorney moves the Court for an order staying the trial of the action until arbitration has been had in accordance with the terms of a written agreement between , Plaintiff, and , Defendant. This motion is made and based on the following grounds:

1. On (date), Plaintiff and Defendant entered into a written Agreement regarding Plaintiff’s legal representation of Defendant in a civil lawsuit, a copy of which Agreement is attached as Exhibit A, and incorporated by reference. The Agreement stated the following in Section 17:

17. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

2. Under the terms of the Agreement, any controversy arising out of the Agreement or his performance is to be settled by arbitration in the manner specified in the Agreement.

3. A controversy has arisen between Plaintiff and Defendant over the above-mentioned contract and its performance, with respect to the amount of fees charged by the Plaintiff, which Defendant alleges exceeds the amount allowed by the Agreement.

4. On (date), Plaintiff instituted the above action by filing his complaint.

5. The issue on the basis of which Plaintiff brought this action is that Defendant failed to pay all of the fees charged by Plaintiff for his services in the representation of Defendant in said lawsuit, which issue is solely and directly related to the above-mentioned Agreement entered into between the parties, and therefore referable to arbitration under the terms of the Agreement.

6. On (date), Defendant submitted his demand to Plaintiff for arbitration of the above issue, but Plaintiff has failed, neglected, and refused, and still fails, neglects, and refuses to arbitrate the controversy under the terms of the Agreement. A copy of Defendant's demand for arbitration is attached as Exhibit B, and incorporated by reference.

7. Defendant now is, and at all times after the controversy arose has been, ready and willing to proceed with arbitration under the terms of the Agreement, and Defendant is not in any way in default in proceeding with the arbitration.

Wherefore, for the above reasons, Defendant respectfully requests that this Court order that the trial of the action be stayed until arbitration has been had under the terms of the Agreement between the parties.

Respectfully submitted,

Certificate of Service

This is to certify that I, (Name of Attorney), attorney for Defendant , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State:

This the day of , 20.

Respectfully Submitted,

________________________

(Printed Name of Attorney)

________________________

(Signature of Attorney)

Defendant’s Attorney

State Bar No.

OF COUNSEL:

Telephone:

Notice of Motion to Stay Action Pending Arbitration

You are notified that on (date), at (time), or as soon thereafter as counsel can be heard, in Courtroom of the Court for County, , at the Courthouse at Defendant , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion.

Respectfully Submitted,

________________________

(Printed Name of Attorney)

________________________

(Signature of Attorney)

Defendant’s Attorney

State Bar No.

OF COUNSEL:

Telephone: