PRETRIAL ADJUDICATION
...Judicial Arbitration
......Trial De Novo
.........Five-Year Statute
7 Cards On This Topic:

P must make some showing of excusable delay to receive preferential trial setting, even if failure to specially set would lead to expiration of 5-yr. period for bringing case to trial.

5-yr. period to bring to trial after filing complaint not tolled between trial de novo request and date set for new trial unless party informed ct. of impending deadline and asked for special setting.

Although ct. had duty to reset for trial sua sponte in pre-arbitration position, P had continuing reasonable diligence duty of alerting ct. to impending run of 5-year limitation.

P has duty to keep independent track of approach of 5-year deadline and inform ct. or face dismissal rather than preferential recalendaring.

P had duty of reasonable diligence to request trial ct. set trial date within 5-year limit for bringing to trial.

P's motion to restore case to active list erroneously named date of expiration of 5-year limit and duty to recalendar in same position did not arise.

P failed to act diligently to bring action to trial within 5 yrs; time ran when P did not act after notice ct. set trial beyond 5-yr mark; P could not benefit from exceptions.