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]
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