thus, such motion would likely occur toward end/latter half of discovery … P must first obtain evidence to amass showing of claim punitive damages DISPOSITION WITHOUT TRIAL Judicial Arbitration NOT actually (NO involved)… AND, Judicial arbitration “judicial” NOT actually (NOT binding) “arbitration” As opposed to pay retired judge (separate system of justice for those w/ $$) As opposed to private agreement b/w parties contractual arbitration Differences b/w AND (as per judicial arbitration contractual arbitration Porreco v. Red Top RV Center)… is voluntary (agreed to)… whereas, Contractual arbitration judicial is inflicted upon by court arbitration usually binding (waiver of jury trial)… whereas, de Contractual arbitration novo trial MAY follow judicial arbitration Party that is dissatisfied w/ award in may file judicial arbitration (within 30 days) Request for De Novo After Judicial need ONLY identify self (as P/D) AND check box… Arbitration BUT, if dissatisfied trial receives less/same award after de novo … then must pay opposing party’s court costs/expenses (MAYBE attorney’s fees) ONLY as good/bad as arbitrator sometimes, Judicial arbitration both parties request de novo Rules of evidence do NOT apply in BUT, do contractual arbitration… apply (w/ some modifications) to judicial arbitration Typically, NO discovery in BUT, regular contractual arbitration… discovery in judicial arbitration Case w/ $50K or less will be sent to likely less judicial arbitration complicated (one-P-v.-one-D), reduces court workload… Contract dispute Car accident (“Fast Case Management Track” Rules) puts a lot of info before at early Case Management Conference/Statement stage allows court to determine time frame 25 factors (CRC used to determine whether case management 3.729) date will be set sooner or later…
… thus, such motion would likely occur toward end/latter half of discovery P must first obtain evidence to amass showing of punitive damages claim DISPOSITION WITHOUT TRIAL Judicial Arbitration Judicial arbitration NOT actually “judicial” (NO involved)… AND, NOT actually “arbitration” (NOT binding) As opposed to pay retired judge (separate system of justice for those w/ $$) As opposed to contractual arbitration private agreement b/w parties Differences b/w judicial arbitration AND contractual arbitration (as per Porreco v. Red Top RV Center)… Contractual arbitration is voluntary (agreed to)… whereas, judicial arbitration is inflicted upon by court Contractual arbitration usually binding (waiver of jury trial)… whereas, de novo trial MAY follow judicial arbitration Party that is dissatisfied w/ award in judicial arbitration may file (within 30 days) Request for De Novo After Judicial Arbitration need ONLY identify self (as P/D) AND check box… … BUT, if dissatisfied receives less/same award after de novo then must pay opposing party’s court costs/expenses (MAYBE attorney’s fees) Judicial arbitration ONLY as good/bad as arbitrator sometimes, both parties request de novo Rules of evidence do NOT apply in contractual arbitration… BUT, do apply (w/ some modifications) to judicial arbitration Typically, NO discovery in contractual arbitration… BUT, regular discovery in judicial arbitration Case w/ $50K or less will be sent to judicial arbitration likely less complicated (one-P-v.-one-D), reduces court workload… Contract dispute Car accident Case Management (“Fast Track” Rules) Case Management Conference/Statement puts a lot of info before at early stage allows court to determine time frame 25 case management factors (CRC 3.729) used to determine whether date will be set sooner or later… trial
Civ-Pro-II_Bakhshian-Fall-2009.docx