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Trial De Novo

Definition
Request may be made by any party not in default for a trial de novo (to start from the begining) in the court where the action was commenced, with or without a jury. This request for a trial de novo may be filed with the clerk of the court where the award was filed within 30 days after notice of such award was made, or if notice was by mail, within 35 days of such service. The party requesting the trial de novo must also pay the clerk of the court where the award was filed the amount of the fees payable to the arbitration panel. Such sum shall not be recoverable by the party upon a trial de novo in any other proceeding.

The arbitrators shall not be called as witnesses in the trial de novo nor shall the report of award of the arbitrators be admitted in evidence at the trial.

If the judgment upon the trial de novo is not more favorable than the arbitration award in the amount of damages awarded or the type of relief granted, the person who requested the trial de novo shall not recover interest or statutory costs and disbursements from the time of the award, but shall pay such costs and disbursements to the other party from the time of the filing of the demand for the trial de novo.

Motion to Vacate Award
Any party (except the one who demanded a trial de novo) within 30 days after the award is filed, may serve upon all other parties and file with the court clerk a motion to vacate the award only on the following grounds:

- there was corruption, fraud or misconduct; or
- the panel making the award exceeded its power; or
- there was a substantial failure to follow the procedures established by the rules.

Copies of the motion papers shall be filed with the court of original jurisdiction with a copy to the opposing party. If the motion to vacate is granted, the case shall be returned to the top of the arbitration calendar and submitted to a new panel.

The court where the action was commenced shall hear and determine all collateral motions relating to arbitration proceedings.

 

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