[COURT NAME]
[COUNTY], [STATE]

[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for an order compelling arbitration and staying or dismissing this action.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The parties entered a valid arbitration agreement that covers the claims at issue. The Court must enforce the agreement and compel arbitration.

II. Background

• Arbitration agreement executed: [DATE]
• Relevant contract or policy: [DOCUMENT]
• Claims asserted: [SUMMARY]

III. Legal Standard

Arbitration agreements are enforceable under federal and state law. Courts compel arbitration when (1) a valid agreement exists and (2) the dispute falls within its scope, absent a showing that the agreement is unenforceable.

IV. Argument

A. A valid arbitration agreement exists.
[Explain formation, assent, and consideration.]

B. The claims fall within the scope of the agreement.
[Discuss scope language and relation to claims.]

C. No defense to enforcement applies.
[Address unconscionability, waiver, or other defenses.]

V. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Compel arbitration of all claims.
2. Stay this action pending completion of arbitration, or dismiss if permitted by law.
3. Award any other relief the Court deems just.

CONCLUSION

For the foregoing reasons, the Court should grant the motion to compel arbitration.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Compel Arbitration on all counsel of record via [METHOD OF SERVICE].

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered the Motion to Compel Arbitration, ORDERS as follows:
1. The parties shall arbitrate the claims asserted in this action.
2. This action is stayed pending arbitration.

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge