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.