PRETRIAL ADJUDICATION
...
Judicial Arbitration
......
Trial De Novo
.........Filing & Service
15 Cards On This Topic:
Request must be made in timely fashion or the award automatically becomes final.
Request for trial must be within 60 days after arbitration award filed.
60-day limit for requesting trial begins when arbitration award is filed with clerk.
Award entered as judgment if no party served and filed request for trial de novo within 60 days.
No mandatory Code Civ. Proc. §473 (b) relief for negligence of attorney failing to timely request trial de novo after arbitration hearing in which P and attorney actually participated.
Court may not shorten statutory time to file request for trial de novo after judicial arbitration.
Filing trial de novo request with arbitration administrator is not sufficient, as statutes require filing with ct. clerk only.
Error to enter judgment for failure to serve and attach proof of service when D had actual notice in statutory period and no proof D suffered prejudice from omission.
Ds' trial de novo request ineffective when they served P's former attorneys and filed the incorrect proof of service.
Error to enter judgment when a de novo trial request not served upon a party.
Whether judged by the 'proof of service' or 'evidence of actual service' test, D not timely served with arbitration award within 10 days.
Proof of service requirement must be strictly complied with.
[30-day] limit is not extended by Code Civ. Proc. §1013 (five day extension) within which certain actions may be taken if notice is given by mail.
Ct’s failure to file arb award on receipt inevitably leads to confusion; to protect right to timely request trial de novo, it must be clear that arb award is filed on date certain.
Filing at-issue memo within jurisdictional time limit constituted substantial compliance with rule re filing of request for trial de novo.