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Request for Trial de Novo in California

Request for Trial de Novo in California

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Published by Stan Burman
Request for a trial de novo after judicial arbitration pursuant to Code of Civil Procedure section 1141.20 in California is the topic of this issue of the weekly newsletter which is issue number 60 of the FREE weekly legal newsletter published by LegalDocsPro.

The author of the newsletter is a freelance paralegal who has worked in California and Federal litigation since 1995.
Request for a trial de novo after judicial arbitration pursuant to Code of Civil Procedure section 1141.20 in California is the topic of this issue of the weekly newsletter which is issue number 60 of the FREE weekly legal newsletter published by LegalDocsPro.

The author of the newsletter is a freelance paralegal who has worked in California and Federal litigation since 1995.

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Categories:Types, Research
Published by: Stan Burman on Aug 19, 2013
Copyright:Traditional Copyright: All rights reserved

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03/25/2014

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The topic of the newsletter this week is requesting a trial de novo after judicial arbitrationin California is the topic of this blog post. The statutes governing judicial arbitration inCalifornia are found in Title 3, Chapter 2.5 of the Code of Civil Procedure, specificallySections 1140.10 through 1141.31.1---------------Reminder:THE AUTHOR NOW SELLS COLLECTIONS OF SAMPLE LEGAL DOCUMENTSAT A HUGE DISCOUNT! VISIT THE WEBSITE BELOW FOR MOREINFORMATION.http://www.scribd.com/LegalDocsPro/documents ---------------Any judicial arbitration award in California shall be final unless a request for a trial denovo is filed within 60 calendar days after the date that the arbitrator files the award withthe Court. See Code of Civil Procedure Section 1141.20.The party requesting the trial de novo must serve a copy upon all other parties appearingin the case. A request for trial filed after the parties have been served with a copy of theaward by the arbitrator, but before the award has been filed with the clerk, is valid andtimely filed. The 60-day period within which to request trial may not be extended. SeeCalifornia Rule of Court 3.826.It is therefore critical that a timely request for a trial de novo be filed if a party is notsatisfied with the amount of damages awarded, or the type of relief granted, in the judicial arbitration. Otherwise the judicial arbitration award is final and will be entered asa judgment.The main drawback of requesting a trial de novo in California is the fact that if the judgment upon the trial de novo is not more favorable in either the amount of damagesawarded or the type of relief granted for the party electing the trial de novo than thearbitration award, the court shall order that party to pay certain nonrefundable costs andfees, unless the court finds in writing and upon motion that the imposition of these costsand fees would create such a substantial economic hardship as not to be in theinterest of justice. See Code of Civil Procedure Section 1141.21.1If you enjoy this newsletter, tell others about it. They can subscribe by visiting thefollowing link:http://www.legaldocspro.net/newsletter.htm 

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