RGADR B-18

Request for trial de novo

sha256 976207ee15ca55794c969f5727649e5d… · retrieved 7/17/2026, 11:10:54 PM · Rules Governing Alternative Dispute Resolution — the LCB's consolidated CourtRules page, verbatim (Part B carries the arbitration program) · awaiting human verification flip (text is verbatim; the flip is the review gate)

Rule 18. Request for trial de
novo.

 (a) Within 30 days after the arbitration award is
served upon the parties, any party may file with the clerk of the court and
serve on the other parties a written request for trial de novo of the action.
Any party requesting a trial de novo must certify that all arbitrator fees and
costs for such party have been paid or shall be paid within 30 days, or that an
objection is pending and any balance of fees or costs shall be paid in
accordance with subsection (c) of this rule.

 (b) The 30-day filing requirement is
jurisdictional; an untimely request for trial de novo shall not be considered
by the district court.

 (c) Any party who has failed to pay the
arbitrator’s bill in accordance with this rule shall be deemed to have waived
the right to a trial de novo; if a timely objection to the arbitrator’s bill
has been filed with the clerk of the court pursuant to NAR 23 and/or NAR
24, a party shall have 14 days from the date of service of the
commissioner’s decision in which to pay any remaining balance owing on said
bill. No such objection shall toll the 30-day filing requirement of subsection
(b) of this rule.

 (d) Any party to the action is entitled to the
benefit of a timely filed request for trial de novo. Subject to NAR 22, the case shall proceed in the district
court as to all parties in the action unless otherwise stipulated by all
appearing parties in the arbitration. In judicial districts that are required
to provide a short trial program under the NSTR, the trial de novo shall
proceed in accordance with the NSTR, unless a party timely filed a demand for
removal from the Short Trial Program as provided in NSTR
5.

 (e) After the filing and service of the written
request for trial de novo, the case shall be set for trial upon compliance with
applicable court rules. In judicial districts that are required to provide a
short trial program under the NSTR, the case shall be set for trial as provided
in those rules, unless a party timely filed a demand for removal from the Short
Trial Program as provided in NSTR 5.

 (f) If the district court strikes, denies, or
dismisses a request for trial de novo for any reason, the court shall explain
its reasons in writing and shall enter a final judgment in accordance with the
arbitration award. A judgment entered pursuant to this rule shall have the same
force and effect as a final judgment of the court in a civil action, and may be
appealed in the same manner. Review on appeal, however, is limited to the order
striking, denying, or dismissing the trial de novo request and/or a written
interlocutory order disposing of a portion of the action.

 (g) A motion to strike a request for trial de
novo may not be filed more than 30 days after service of the request for trial
de novo, except that a motion to strike based solely on the failure to pay the
arbitrator fees and costs in accordance with subsections (a) and (c) must be
filed no more than 14 days after the time to pay has expired.

 [Added; effective July 1, 1992; amended; effective
July 26, 2024.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.