by Michael Fox
Although not recommended, the employer who filed a controverting affidavit only 22 minutes before a scheduled motion to compel arbitration, was successful in obtaining mandamus when the court failed to give it an evidentiary hearing. The court noted that there is no statutory deadline for filing affidavits in a motion to compel arbitration and no exceptions that it could find (although you get the feeling that they would like to) to when an evidentiary hearing is required when there are controverted facts. Rogers v. Maida (Tx. Ct. App. - Beaumont 1/22/04).