7 Trial De Novo
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.
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.
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.]
MAR 7.2: PROCEDURE AFTER REQUEST FOR TRIAL DE NOVO
The clerk shall seal any award if a trial de novo is requested.
(b) No Reference to Arbitration; Use of Testimony.
(1) The trial de novo shall be conducted as though no arbitration proceeding had occurred. No reference shall be made to the arbitration award, in any pleading, brief, or other written or oral statement to the trial court or jury either before or during the trial, nor, in a jury trial, shall the jury be informed that there has been an arbitration proceeding.
(2) Testimony given during the arbitration proceeding is admissible in subsequent proceedings to the extent allowed by the Rules of Evidence, except that the testimony shall not be identified as having been given in an arbitration proceeding.
(c) Relief Sought.
The relief sought at a trial de novo shall not be restricted by RCW 7.06, local arbitration rule, or any prior waiver or stipulation made for purposes of arbitration.
(d) Arbitrator as Witness.
The arbitrator shall not be called as a witness at the trial de novo.
MAR 7.3: COSTS AND ATTORNEY FEES
The court shall assess costs and reasonable attorney fees against a party who appeals the award and fails to improve the party's position on the trial de novo. The court may assess costs and reasonable attorney fees against a party who voluntarily withdraws a request for a trial de novo. "Costs" means those costs provided for by statute or court rule. Only those costs and reasonable attorney fees incurred after a request for a trial de novo is filed may be assessed under this rule.