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Arbitration Notice Of Case Selection For Arbitration CV-800 - North Carolina
| Arbitration Notice Of Case Selection For Arbitration Form. This is a North Carolina form and can be used in Civil Statewide . |
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STATE OF NORTH CAROLINA County Name And Address Of Plaintiff(s) File No. In The General Court Of Justice District Court Division ARBITRATION Name And Address Of Defendant(s) VERSUS NOTICE OF CASE SELECTION FOR ARBITRATION G.S. 7A-37.1; Rules 1, 2, 6, 9, Rules For Court-Ordered Arbitration in North Carolina TAKE NOTICE that this case has been assigned to arbitration pursuant to G.S. 7A-37.1 and the Rules For Court-Ordered Arbitration. Further notice will be given of the date, time and place of the hearing which will be scheduled by the person named below in accordance with Rule 6 of the Rules. Date Signature Trial Court Administrator's Staff District Court Judge's Staff ARBITRATION The Court automatically assigns to arbitration all civil cases filed in district court with several classes of cases specifically excepted in the rules, including: domestic cases, class actions, special proceedings, wills and estates, summary ejectments, and condemnation actions. See Rule 2(a)(1) of the Rules for Court-Ordered Arbitration in North Carolina. The Court selects and maintains a list of qualified arbitrators who are experienced trial attorneys. The Court will appoint an arbitrator from the Court's list in accordance with Rule 4 of the Rules for Court-Ordered Arbitration in North Carolina. All parties in this civil action shall be present at the hearing in person or through counsel. Parties may appear pro se as permitted by law. Corporations must be represented by an attorney. See Lexis-Nexis v. Travishan Corp., 155 N.C. App. 205, 573 S.E.2d 547 (2002). The parties may agree in writing to rely on stipulations and/or statements rather than live testimony of witnesses. The time allocated for the entire hearing is one hour. Traditional rules of evidence and procedure will not apply, but shall be considered as a guide toward full and fair development of the facts. The arbitrator will render a decision within three (3) days after the hearing. The award is not binding. Any party dissatisfied with the outcome can reject the award and have a trial de novo after proper motion before the Court. The award rejection and demand for a trial de novo must be filed with the Court within thirty (30) days after the service of the arbitrator's award. The rejecting party must also pay a fee equivalent to the arbitrator's compensation unless the party is found to be indigent or partially indigent. This fee will be returned only if there is a trial in which, in the judge's opinion, the demanding party's position is improved over the arbitrator's award [Rule 9(b)]. Cases still pending after the 30-day rejection period in which no demand for trial de novo is filed will have the award of the arbitrator entered by the Court as its judgment, which is not appealable. Original-File Copy-Plaintiff Copy-Defendant AOC-CV-800, Rev. 2/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com
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