Skip Page LinksWelcome to Washington State Courts
Courts Home>Court Rules
 
	
                                 RULE MAR 7.1
                           REQUEST FOR TRIAL DE NOVO


     (a) Service and Filing.  Any aggrieved party not having waived the right
to appeal may request a trial de novo in the superior.  Any request for a trial
de novo must be filed with the clerk and served, in accordance with CR 5, upon
all other parties appearing in the case within 20 days after the arbitrator
files proof of service of the later of: (1) the award or (2) a decision on a
timely request for costs or attorney fees.  A request for a trial de novo is
timely filed or served if it is filed or served after the award is announced
but before the 20-day period begins to run.  The 20-day period within which to
request a trial de novo may not be extended.

     (b)  Form.  The request for a trial de novo shall not refer to the amount
of the award, including any award of costs or attorney fees, and shall be
substantially in the form set forth below:


                          SUPERIOR COURT OF WASHINGTON
                          FOR (_______________) COUNTY

_______________,    )    No. ______
  Plaintiff,        )
    v.              )   REQUEST FOR
_______________,    )    TRIAL DE NOVO
  Defendant.        )

     TO: The clerk of the court and all parties:

     Please take notice that (name of aggrieved party) requests a trial de novo
from the award filed ____(date)_____.

Dated: _________________________   ___________________________________
                                          (Name of attorney
                                           for aggrieved party)

    (c)  Proof of Service.  The party filing and serving the request for a
trial de novo shall file proof of service with the court.  Failure to file
proof of service within the 20-day period shall not void the request for a
trial de novo.

    (d) Calendar. When a trial de novo is requested as provided in section (a),
the case shall be transferred from the arbitration calendar in accordance with
rule 8.2 in a manner established by local rule.


[Amended effective September 1, 1989; September 1, 2001; September 1, 2011.]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices