Local Mandatory Arbitration Rule 7.1 REQUEST FOR TRIAL DE NOVO - CALENDAR - JURY DEMAND (a) Assignment of Trial Date. If there is a request for a trial de novo, or the case is otherwise removed from the Mandatory Arbitration calendar, the Court will assign a trial date. (b) Appeal Period -- Attorney Fees. In any case in which a party makes a motion for attorney fees pursuant to LMAR 6.1 (b), the 20-day period for appeal shall not commence until the arbitrator has filed and served either the amended award or the written denial thereof. (c) Case Schedule. Cases originally governed by a Case Schedule pursuant to LCR 4, 4.1, or 4.1A will again become subject to a Case Schedule if a trial de novo is requested. Promptly after the request for trial de novo is filed, the Court will mail to all parties a Notice of Trial Date together with an Amended Case Schedule, which will govern the case until the trial de novo. The Amended Case Schedule will include the following deadlines: SCHEDULE DUE DATE 1. Plaintiff's Disclosure of Lay and Expert Witnesses 1 months 2. Defendant's Disclosure of Lay and Expert Witnesses 3 months 3. Disclosure of Plaintiff's Rebuttal Witnesses 4 months 4. Disclosure of Defendant's Rebuttal Witnesses 5 months 5. Discovery Cutoff (60 days prior to trial) 5 ½ months 6. Settlement Position Statement filed by all parties; last date for filing Statement of Arbitrability 6 months 7. Last Date for Hearing Dispositive Pretrial Motions 6 months 8. Settlement Conference 6 ½ months 9. Last Date for Filing and Serving Trial Management Report 7 months 10. Pretrial conference 7 months 11. Trial Memoranda, Motions in Limine, Jury Instructions 2 wks. to trial 12. Trial Date 8 months (d) Jury Demand. The appealing party may file and serve on the other party or parties a jury demand at the same time as the request for a trial de novo. The non-appealing party shall have 14 calendar days after the request for the trial de novo is served on that party to file a jury demand. (e) Award to be Sealed. The clerk shall seal any award if a trial de novo is requested. [Adopted Effective September 1, 1996; Amended Effective September 1, 1998; September 1, 2000, September 1, 2003]
Click here to view in a PDF.
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|