Title 78B Chapter 10a Section 108

Judicial Code
Tort Arbitration
Section 108
Trial de novo.

            

78B-10a-108.   Trial de novo.

            (1) (a) Upon filing a notice requesting a trial de novo in accordance with Subsection 78B-10a-107(2):

            (i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days shall be allowed for further discovery;

            (ii) the additional discovery time under Subsection (1)(a)(i) shall run from the notice of the request for a trial de novo; and

            (iii) the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of Evidence in the district court.

            (b) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may request a jury trial with a request for trial de novo filed in accordance with Subsection 78B-10a-107(2)(a)(i).

            (2) (a) If the plaintiff, as the moving party in a trial de novo requested under Subsection 78B-10a-107(2), does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the nonmoving party's costs.

            (b) Except as provided in Subsection (2)(c), the costs under Subsection (2)(a) shall include:

            (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and

            (ii) the costs of expert witnesses and depositions.

            (c) An award of costs under this Subsection (2) may not exceed $6,000.

            (3) (a) If a defendant, as the moving party in a trial de novo requested in accordance with Subsection 78B-10a-107(2), does not obtain a verdict that is at least 30% less than the arbitration award, the defendant is responsible for all of the nonmoving party's costs.

            (b) Except as provided in Subsection (3)(c), the costs under Subsection (3)(a) shall include:

            (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and

            (ii) the costs of expert witnesses and depositions.

            (c) An award of costs in accordance with this Subsection (3) may not exceed $6,000.

            (4) For purposes of determining whether a party's verdict is greater or less than the arbitration award under Subsections (2) and (3), a court may not consider any recovery or other relief granted on a claim for damages if the claim for damages:

            (a) was not fully disclosed in writing prior to the arbitration proceeding; or

            (b) was not disclosed in response to discovery contrary to the Utah Rules of Civil Procedure.

            (5) If a district court determines, upon a motion of the nonmoving party, that the moving party's use of the trial de novo process was filed in bad faith as defined in Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving party.

            (6) (a) If a defendant requests a trial de novo under Subsection 78B-10a-107(2), the total verdict at trial may not exceed $15,000 above any available limits of insurance coverage and the total verdict may not exceed $65,000.

            (b) If a plaintiff requests a trial de novo under Subsection 78B-10a-107(2), the verdict at trial may not exceed $50,000.


Enacted by Chapter 197, 2011 General Session