(1) |
Terms Used In Utah Code 78B-10a-108- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- 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) |
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. |
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(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). |
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(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. |
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(c) |
An award of costs under this Subsection (2) may not exceed $6,000. |
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(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. |
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(c) |
An award of costs in accordance with this Subsection (3) may not exceed $6,000. |
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(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. |
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(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. |
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Enacted by Chapter 197, 2011 General Session