| (1) |
A person injured as a result of a dog attack may elect to submit all third party bodily injury claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court if:
Terms Used In Utah Code 18-1-4- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means :Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
the claimant or the claimant’s representative has:
| (i) |
previously and timely filed a complaint in a district court that includes a third party bodily injury claim; and |
| (ii) |
filed a notice to submit the claim to arbitration within 14 days after the complaint has been answered; and |
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| (b) |
the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)(i) is still pending. |
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| (2) |
| (a) |
If a party submits a bodily injury claim to arbitration under Subsection (1), the party submitting the claim or the party’s representative is limited to an arbitration award that may not exceed $50,000 in addition to any medical premise benefits and any claim for property damage. |
| (b) |
A party who elects to proceed against a defendant under this section:
| (i) |
waives the right to obtain a judgment against the personal assets of the defendant; and |
| (ii) |
is limited to recovery only against available limits of insurance coverage. |
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| (3) |
A claim for punitive damages may not be made in an arbitration proceeding under Subsection (1) or any subsequent proceeding, even if the claim is later resolved through a trial de novo under Subsection (11). |
| (4) |
| (a) |
A party who has elected arbitration under this section may rescind the party’s election if the rescission is made within:
| (i) |
90 days after the election to arbitrate; and |
| (ii) |
no less than 30 days before any scheduled arbitration hearing. |
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| (b) |
A party seeking to rescind an election to arbitrate under this Subsection (4) shall:
| (i) |
file a notice of the rescission of the election to arbitrate with the district court in which the matter was filed; and |
| (ii) |
send copies of the notice of the rescission of the election to arbitrate to all counsel of record to the action. |
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| (c) |
All discovery completed in anticipation of the arbitration hearing shall be available for use by the parties as allowed by the Utah Rules of Civil Procedure and the Utah Rules of Evidence. |
| (d) |
A party who has elected to arbitrate under this section and then rescinded the election to arbitrate under this Subsection (4) may not elect to arbitrate the claim under this section again. |
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| (5) |
| (a) |
Unless otherwise agreed to by the parties or by order of the court, an arbitration process elected under this section is subject to Rule 26, Utah Rules of Civil Procedure. |
| (b) |
Unless otherwise agreed to by the parties or ordered by the court, discovery shall be completed within 150 days after the date arbitration is elected under this section or the date the answer is filed, whichever is longer. |
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| (6) |
| (a) |
Unless otherwise agreed to in writing by the parties, a claim that is submitted to arbitration under this section shall be resolved by a single arbitrator. |
| (b) |
Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on the single arbitrator selected under Subsection (6)(a) within 90 days of the answer of the defendant. |
| (c) |
If the parties are unable to agree on a single arbitrator as required under Subsection (6)(b), the parties shall select a panel of three arbitrators. |
| (d) |
If the parties select a panel of three arbitrators under Subsection (6)(c):
| (i) |
each side shall select one arbitrator; and |
| (ii) |
the arbitrators selected under Subsection (6)(d)(i) shall select one additional arbitrator to be included in the panel. |
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| (7) |
Unless otherwise agreed to in writing:
| (a) |
each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (6)(a); and |
| (b) |
if an arbitration panel is selected under Subsection (6)(d):
| (i) |
each party shall pay the fees and costs of the arbitrator selected by that party’s side; and |
| (ii) |
each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (6)(d)(ii). |
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| (9) |
| (a) |
Subject to the provisions of this section, the Utah Rules of Civil Procedure and the Utah Rules of Evidence apply to the arbitration proceeding. |
| (b) |
The Utah Rules of Civil Procedure and the Utah Rules of Evidence shall be applied liberally with the intent of concluding the claim in a timely and cost-efficient manner. |
| (c) |
Discovery shall be conducted in accordance with the Utah Rules of Civil Procedure and shall be subject to the jurisdiction of the district court in which the matter is filed. |
| (d) |
Dispositive motions shall be filed, heard, and decided by the district court prior to the arbitration proceeding in accordance with the court’s scheduling order. |
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| (10) |
A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision. |
| (11) |
An arbitration award issued under this section shall be the final resolution of all bodily injury claims between the parties and may be reduced to judgment by the court upon motion and notice unless:
| (a) |
either party, within 20 days after service of the arbitration award:
| (i) |
files a notice requesting a trial de novo in the district court; and |
| (ii) |
serves the nonmoving party with a copy of the notice requesting a trial de novo under Subsection (11)(a)(i); or |
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| (b) |
the arbitration award has been satisfied. |
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| (12) |
| (a) |
Upon filing a notice requesting a trial de novo under Subsection (11):
| (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 (12)(a)(i) shall run from the notice of appeal; and |
| (iii) |
the claim shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and the Utah Rules of Evidence in the district court. |
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| (b) |
In accordance with the Utah Rules of Civil Procedure, either party may request a jury trial with a request for trial de novo filed under Subsection (11). |
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| (13) |
| (a) |
If the plaintiff, as the moving party in a trial de novo requested under Subsection (11), does not obtain a verdict that is at least $5,000 and is at least 30% greater than the arbitration award, the plaintiff is responsible for all of the nonmoving party’s costs. |
| (b) |
Except as provided in Subsection (13)(c), the costs under Subsection (13)(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. |
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| (c) |
An award of costs under this Subsection (13) may not exceed $6,000. |
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| (14) |
| (a) |
If a defendant, as the moving party in a trial de novo requested under Subsection (11), 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 (14)(c), the costs under Subsection (14)(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. |
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| (c) |
An award of costs under this Subsection (14) may not exceed $6,000. |
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| (15) |
For purposes of determining whether a party’s verdict is greater or less than the arbitration award under Subsections (13) and (14), a court may not consider any recovery or other relief granted on a claim for damages if the claim for damages was not disclosed in:
| (a) |
writing prior to the arbitration proceeding; or |
| (b) |
response to discovery contrary to the Utah Rules of Civil Procedure. |
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| (16) |
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 described in Section 78B-5-825, the district court may award reasonable attorney fees to the nonmoving party. |
| (17) |
Nothing in this section is intended to affect or prevent any first party claim from later being brought under any first party insurance policy under which the injured person is a covered person. |
| (18) |
| (a) |
If a defendant requests a trial de novo under Subsection (11), 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 (11), the verdict at trial may not exceed $50,000. |
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| (19) |
All arbitration awards issued under this section shall bear postjudgment interest pursuant to Section 15-1-4. |
Enacted by Chapter 32, 2014 General Session
