PRETRIAL ADJUDICATION
...Judicial Arbitration
......Trial De Novo
.........Right To
6 Cards On This Topic:

Any party may elect to have trial de novo; if no request filed within 60 days after award filed, award is final.

Determination and any stipulation of amount in controversy shall be without prejudice to any finding on value of case by an arbitrator or in subsequent trial de novo

P who elects to arbitrate and obtains an award for full amount sought is not entitled to a trial de novo.

Absolute right to trial de novo even if requesting party had elected to arbitrate, and intended all along to reject decision and ask for tdn to present loss of earnings.

Ct. access for new trial after judicially-ordered arbitration intended to be procedurally unfettered; local rules may not place procedural restrictions on trial de novo right.

Deference to local rules acceptable unless rules impose onerous conditions or restrictions making right to trial de novo practically unavailable.