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Requesting a trial de novo in California

by Stan Burman

Requesting a trial de novo in California is the topic of this blog post. 

A trial de novo can be requested after judicial arbitration in California.  The statutes governing judicial arbitration in California are found in Title 3, Chapter 2.5 of the Code of Civil Procedure, specifically sections 1140.10 through 1141.31.

California law states that any judicial arbitration award in California shall be final unless a request for a trial de novo is filed within 60 calendar days after the date that the arbitrator files the award with the Court.  See Code of Civil Procedure section 1141.20.

The party requesting the trial de novo must serve a copy upon all other parties appearing in the case. A request for trial filed after the parties have been served with a copy of the award by the arbitrator, but before the award has been filed with the clerk, is valid and timely filed. The 60-day period within which to request trial may not be extended. See California Rule of Court 3.826.

Therefore it is critical that you file a timely request for a trial de novo if you are not satisfied with the amount of damages awarded, or the type of relief granted in the judicial arbitration.

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 damages awarded or the type of relief granted for the party electing the trial de novo than the arbitration award, the court shall order that party to pay certain nonrefundable costs and fees, unless the court finds in writing and upon motion that the imposition of these costs and fees would create such a substantial economic hardship as not to be in the interest of justice. See Code of Civil Procedure section1141.21.

Attorneys or parties in California who would like to view a sample request for a trial de novo created by the author and available for FREE download can use the link shown below.

Sample Request for Trial de Novo in California under Code of Civil Procedure section 1141.20 by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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