PRETRIAL ADJUDICATION
...Judicial Arbitration
......Trial De Novo
.........Procedural Issues
10 Cards On This Topic:

Statute itself does not discuss multiple party arbitration and effect of party's election of trial de novo on other claims, whether interrelated or distinctly independent.

Trial shall be given same place on active list it had before arbitration or receive priority on next setting calendar.

Case must proceed as provided under applicable case management order or, if none, case management conference must be scheduled.

Case tried de novo as if arbitration had not occurred, with no reference at trial to any phase of arbitration, evidence or even to fact of arbitration.

No error in vacating Ps' voluntary dismissal and reinstating arb. award—Ps repudiated request for a trial de novo after judicial arbitration when it subsequently voluntarily dismissed complaint.

Mother could request trial de novo on her award for PI without affecting son's contract award.

At de novo trial, ct. must make independent determination and not rely on arbitrator's findings.

P who discovers new evidence during arbitration that injury greater than initially anticipated should move to withdraw from arbitration before hearing takes place.

To permit P to dismiss voluntarily without prejudice after filing for trial de novo following arbitration award favoring Ds would defeat purpose of judicial arbitration.

If claims by or against co-parties interdependent, arise from single integrated set of facts, and award affects all, case should be retried in entirety on all claims.