Demand For Trial De Novo

Suffolk County District Court - District Small Claims / Commercial Small Claims Part, held at address of the courthouse-------------------------------------------------------xPlaintiff/ClaimantagainstDefendant-------------------------------------------------------xIndex Number: DEMAND FOR TRIAL DE NOVOPlease be advised that I am not satisfied with the decision of the arbitrator, and hereby demand a trial de novo. Dated:, 20 sign print name print address (a PO Box alone is not acceptable)......................................................................................................................................INSTRUCTIONS:If you appeared before an arbitrator and are not satisfied with the decision of the arbitrator, you may demand a trial de novo. You must complete these steps within 35 days from the date the Arbitration Case Report was mailed.Complete the form above called DEMAND FOR TRIAL DE NOVO. Have an adult, not involved in the court case, mail a copy of the completed DEMANDFOR TRIAL DE NOVO to all other parties222 attorneys, or to the parties themselves if theyhave no attorney. All the names and addresses are included on the back of or attached tothe Arbitration Case Report .Have the adult who mailed the DEMAND FOR TRIAL DE NOVO forms complete theform on the next page called AFFIDAVIT OF SERVICE. The form must be signed infront of a notary or a court clerk.File with the Clerk of the Court the DEMAND FOR TRIAL DE NOVO; AFFIDAVIT OF SERVICE; and a check or money order for $75.00 made payable to CLERK OF THE COURT. If you file the DEMAND, AFFIDAVIT, and pay the fee within 35 days from the date the Arbitration Case Report was mailed, the arbitrator222s award and decision will be vacated, and the Clerk of the Court will schedule the trial in front of a District Court Judge. The Clerk of the Court will notify all the parties by mail of the new court date. You must appear on the new court date and be prepared for a trial in front of the District Court Judge. The $75.00 fee for trial de novo is not recoverable as part of your judgment if you win. The arbitrator cannot be called as a witness. The report or award of the arbitrator may not be evidence at the trial de novo. The trial de novo will be a new trial, as if you never appeared in front of the arbitrator. Demand for trial de novo ( 2017) http://nycourts.gov/suffolkdistrict American LegalNet, Inc. www.FormsWorkFlow.com AFFIDAVIT OF SERVICEState of New YorkCounty of Suffolk ss.:Index Number: /BRMy name is . I swear that: I am not a party to the action; I am 18 years of age or older; and my address is .On 20 , I served the within DEMAND FOR TRIAL DE NOVO bydepositing a true copy thereof, enclosed in a postpaid wrapper, in an official depository under the exclusive care and custody of the US Postal Service by [ ] regular first class mail within New York State, addressed to each of the following persons at the address set forth after each name: I swear that all of these statements are true.Sign when you are before a Notary or ClerkSignature of Person Who Served PapersSworn to before me this day of , 20Notary - Court Clerk Demand for trial de novo ( 2017) http://nycourts.gov/suffolkdistrict American LegalNet, Inc. www.FormsWorkFlow.com