MAR 6.4 - Costs and Attorney FeesComments for MAR 6.4 must be received no later than April 30, 2011.
GR 9 COVER SHEET
SUPERIOR COURT MANDATORY ARBITRATION RULES
Purpose: This suggested amendment would provide a procedure and a timeline for a request to an arbitrator for costs and attorney fees.
The concurrent proposal to amend MAR 3.2 to expressly authorize arbitrators to award costs and attorney fees as authorized by law provides a foundation for this proposal. Suggested MAR 6.4 then outlines a procedure to follow and a timeline for requests for costs and attorney fees. It requires the arbitrator to decide the request within 14 days. If the arbitrator fails to do so, a party may, after giving notice to the arbitrator, seek an order from the court directing the arbitrator to do so by a date certain. It is intended that the required notice to the arbitrator could be formal or informal.
This suggested amendment to MAR 6.4 is a necessary predicate to the concurrent proposal to amend MAR 7.1 to remove any ambiguity about when the 20-day period within which to request a trial de novo commences. For more information, please see the statements of purpose for the concurrent suggested amendments to MAR 3.2, 6.3, and 7.1.
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