§514A-127 - Trial de novo and appeal.
§514A-127 Trial de novo and appeal.
(a) The submission of any dispute to an arbitration under section 514A-121
shall in no way limit or abridge the right of any party to a trial de novo.
(b)
Written demand for a trial de novo by any party desiring a trial de novo shall
be made upon the other parties within ten days after service of the arbitration
award upon all parties.
(c) The
award of arbitration shall not be made known to the trier of fact at a trial de
novo.
(d) In any
trial de novo demanded under subsection (b), if the party demanding a trial de
novo does not prevail at trial, the party demanding the trial de novo shall be
charged with all reasonable costs, expenses, and attorneys' fees of the trial.
When there is more than one party on one or both sides of an action, or more
than one issue in dispute, the court shall allocate its award of costs,
expenses, and attorneys' fees among the prevailing parties and tax such fees
against those nonprevailing parties who demanded a trial de novo in accordance
with the principles of equity.
(e) Any
party to an arbitration under section 514A-121 may apply to vacate, modify, or
correct the arbitration award for the grounds set out in chapter 658A. All
reasonable costs, expenses, and attorneys' fees on appeal shall be charged to
the nonprevailing party. [L 2007, c 244, pt of §2]