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H0243aa..............................by JUDICIARY, RULES AND ADMINISTRATION
SMALL LAWSUIT RESOLUTION - Adds to existing law to provide for the Small
Lawsuit Resolution Act; to provide for application; to provide for
initiation of the process; to provide for a fee; to provide for the
selection of a civil evaluator; to provide for qualifications, appointment
and compensation of evaluators; to authorize the Idaho Supreme Court to
prescribe rules relating to evaluations; to provide evaluator authority and
procedure for evaluators; to provide for discovery and hearing procedures;
to provide for decisions and awards; to provide for appeals; to provide for
trials de novo; to provide for attorney's fees and costs; to provide for
offers of compromise; to provide for judgments; to provide for award of
witness fees and costs; and to recognize the right to trial.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/28 Rpt out - to Gen Ord
03/02 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/07 Ret'd to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 243
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SPECIAL COURT PROCEEDINGS; AMENDING TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 15, TITLE 7, IDAHO CODE, TO PROVIDE AUTHORIZA-
4 TION, TO PROVIDE A SHORT TITLE, TO PROVIDE FOR APPLICATION OF THE CHAPTER,
5 TO PROVIDE FOR THE INITIATION OF THE PROCESS AND TO PROVIDE FOR A FEE, TO
6 PROVIDE FOR THE SELECTION OF A CIVIL EVALUATOR, TO PROVIDE FOR QUALIFICA-
7 TIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS AND TO AUTHORIZE THE
8 IDAHO SUPREME COURT TO PRESCRIBE CERTAIN RULES RELATING TO EVALUATIONS, TO
9 PROVIDE FOR EVALUATOR AUTHORITY AND TO PROVIDE A PROCEDURE FOR EVALUATORS,
10 TO PROVIDE FOR DISCOVERY, TO PROVIDE FOR HEARING PROCEDURES, TO PROVIDE
11 FOR DECISIONS AND AWARDS, TO PROVIDE FOR APPEALS, TO PROVIDE FOR TRIALS DE
12 NOVO, TO PROVIDE FOR ATTORNEY'S FEES AND COSTS, TO PROVIDE FOR OFFERS TO
13 COMPROMISE, TO PROVIDE FOR JUDGMENTS AND TO PROVIDE FOR THE AWARD OF WIT-
14 NESS FEES AND COSTS, TO RECOGNIZE THE RIGHT TO TRIAL BY JURY AND TO PRO-
15 VIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE AND TO PROVIDE APPLI-
16 CATION TO CASES FILED ON AND AFTER OCTOBER 1, 2001.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Title 7, Idaho Code, be, and the same is hereby amended
19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
20 ter 15, Title 7, Idaho Code, and to read as follows:
21 CHAPTER 15
22 SMALL LAWSUIT RESOLUTION ACT
23 7-1501. AUTHORIZATION. To reduce the costs and expenses of litigation and
24 encourage the swift, fair and cost-effective resolution of disputes, the leg-
25 islature hereby establishes a formal system to encourage civil litigants to
26 obtain a fair and independent evaluation of their case through an arbitration-
27 type process. The procedures to be utilized under this chapter, while based on
28 the process of arbitration, are intended to be as informal as practicable to
29 accomplish these concurrent objectives.
30 7-1502. SHORT TITLE. This chapter shall be referred to as the "Small Law-
31 suit Resolution Act."
32 7-1503. ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES --
33 INITIATION OF PROCESS -- FEE. (1) All civil actions in which a complaint and
34 answer have been filed, except for appeals from the magistrate division, those
35 subject to arbitration under chapter 9, title 7, Idaho Code, and those pro-
36 ceeding in the small claims division, in which the sole relief sought is a
37 money judgment, and where the plaintiff agrees for purposes of the evaluation
38 that its total claim for all damages sought does not exceed fifty thousand
39 dollars ($50,000), are subject to one civil evaluation.
2
1 (2) The civil evaluation option shall be initiated by a party filing a
2 notice of request for civil evaluation with the court at least one hundred
3 twenty (120) days prior to a scheduled trial. A copy of the filing shall be
4 served on the trial court administrator for the district. The trial court
5 retains jurisdiction over a case proceeding under this chapter and the case
6 remains on the court's active calendar. If a defendant files the notice, a
7 plaintiff may file a notice of claim in excess of evaluation limits with the
8 trial court and the trial court administrator prior to the assignment of an
9 evaluator, which will remove the case from the operation of this chapter.
10 Except for the authority expressly given to the evaluator by this chapter, all
11 issues shall be determined by the court.
12 (3) The filing of a notice of request for civil evaluation shall be
13 accompanied by payment of a fee of twenty dollars ($20.00) which fee shall be
14 paid to the county district court fund and dedicated to the use of the trial
15 court administrator of the district for the performance of the administrative
16 duties required by this chapter.
17 7-1504. SELECTION OF CIVIL EVALUATOR. (1) The trial court administrator
18 for each judicial district shall maintain a list of civil litigation
19 evaluators who are approved to serve in that district pursuant to this chapter
20 and any rules adopted by the supreme court.
21 (2) Upon receipt of a notice of request for civil evaluation, the trial
22 court administrator shall provide each party to the case the names of five (5)
23 randomly selected civil litigation evaluators. If there are more than two (2)
24 parties to the litigation, the trial court administrator will provide ten (10)
25 names.
26 (3) Within five (5) days of receipt of the list, it shall be the duty of
27 the representative of the party that filed the notice of request for civil
28 evaluation to initiate contact with the representatives of the other litigants
29 for the purpose of selecting an evaluator. Unless the parties agree on a dif-
30 ferent method, selection of the evaluator shall be by alternating strikes. The
31 representative of the party that filed the notice of request for civil evalua-
32 tion shall strike an evaluator's name, the opposing counsel shall then strike
33 an evaluator's name with the parties alternating until only one (1) name is
34 left. If there are more than two (2) parties, the strikes shall be made in the
35 order the parties' names appear on the case caption commencing at the point
36 the name of the party that filed the notice of request for civil evaluation
37 appears. The party that filed the notice of request for civil evaluation shall
38 notify the trial court administrator in writing of the selected evaluator
39 within ten (10) days of the receipt of the list.
40 (4) If there is any dispute or failure to cooperate in the procedure in
41 subsection (3) of this section, a party may file a motion for assistance in
42 the selection of an evaluator with the court with a copy provided to the trial
43 court administrator. The court shall rule on such motion expeditiously and
44 take whatever steps are necessary, through its clerk or otherwise, to obtain
45 the prompt selection of an evaluator.
46 (5) Fourteen (14) days after mailing the list, if he has not been
47 informed of a selected evaluator or received a motion pursuant to subsection
48 (4) of this section, the trial court administrator shall assign by random lot
49 any person on the list as the evaluator.
50 (6) Nothing shall preclude the parties from jointly selecting and stipu-
51 lating to any individual who agrees to serve as the evaluator under this stat-
52 ute. If the parties stipulate to an evaluator other than one on the list pro-
53 vided by the trial court administrator, they shall file a joint statement to
54 that effect with the trial court administrator.
3
1 7-1505. QUALIFICATIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS. (1)
2 Any individual desiring to be on a list of civil litigation evaluators under
3 this chapter shall submit a request to the trial court administrator in each
4 district in which the individual wishes to serve. The task of acting as a
5 civil litigation evaluator under this chapter shall be a service to the judi-
6 ciary and the legal profession.
7 (2) To serve as a civil litigation evaluator, a person must currently be
8 an active member of the Idaho state bar association and have had such member-
9 ship for a minimum of seven (7) years or be a retired or senior judge. To the
10 extent it deems necessary, the supreme court shall prescribe by rule addi-
11 tional qualifications for civil litigation evaluators in some or all cases
12 with the purpose of providing the largest pool of individuals with the knowl-
13 edge and experience to fairly determine claims under this chapter at a minimal
14 cost to litigants.
15 (3) Upon appointment, the evaluator must sign an oath to fulfill the
16 duties of the office, including the impartial, unbiased, and timely discharge
17 of those duties. The evaluator must also affirmatively state he has no con-
18 flict of interest. Challenges to the service of an evaluator shall be made by
19 motion to the trial court and shall be heard expeditiously. The trial court
20 may excuse evaluators from an appointment for good cause.
21 (4) Evaluators shall submit their rates of hourly compensation, if any,
22 to the trial court administrator when submitting their request to be on that
23 district's list of civil litigation evaluators. The trial court administrator
24 shall include the rate of hourly compensation for each evaluator in the list
25 of names submitted to the parties. The parties shall each pay an equal portion
26 of the evaluator's fee.
27 (5) To the extent it deems necessary, the supreme court shall prescribe
28 rules to reduce the costs of evaluation, including caps on evaluation fees.
29 The supreme court may also prescribe forms to be used in the evaluation proc-
30 ess, and any such other rules, standards or procedures it deems appropriate to
31 effectuate the purposes of this chapter.
32 7-1506. EVALUATOR'S AUTHORITY AND PROCEDURE. (1) An evaluator under this
33 chapter has the authority to:
34 (a) Decide procedural issues arising before or during the evaluation
35 hearing except issues relating to the qualification of the evaluator,
36 which shall be decided by the trial court.
37 (b) Invite, with reasonable notice, the parties to submit preevaluation
38 briefs;
39 (c) Examine any site or object relevant to the case;
40 (d) Administer oaths and affirmations to witnesses;
41 (e) Rule on the admissibility of evidence;
42 (f) Determine the facts, decide the law, issue a decision, and make an
43 award; and
44 (g) Take such other acts as are necessary to accomplish the object of a
45 fair, swift, and cost-effective determination of the case.
46 (2) An evaluator shall not decide motions to dismiss, motions to add or
47 change parties in the case, or motions for summary judgment. Any such motion
48 shall be presented to the trial court for determination.
49 (3) After the case is assigned to the evaluator, service shall be made
50 consistent with rule 5 of the Idaho rules of civil procedure, except that
51 evaluation documents shall be filed with the evaluator instead of the court.
52 (4) Time shall be computed pursuant to rules 6(a) and 6(e)(1) of the
53 Idaho rules of civil procedure.
4
1 7-1507. DISCOVERY. (1) Unless the evaluator orders otherwise:
2 (a) The defendant may demand in writing a statement from the plaintiff
3 setting forth separately the amounts of any special, general or other dam-
4 ages sought in the evaluation. Such statement shall be served on the
5 defendant no later than twenty-one (21) days after receipt of the demand;
6 (b) A party may take the deposition of another party pursuant to rule 30
7 of the Idaho rules of civil procedure;
8 (c) If the physical or mental condition of the plaintiff is at issue, and
9 there are multiple defendants, a defendant may obtain another defendant's
10 copy of the medical examination report of the plaintiff. The evaluator
11 shall decide any limitations to be placed on the time, place, manner, con-
12 ditions or scope of the examination if requested. A plaintiff has an
13 absolute right to a copy of any document created by the examiner or the
14 examiner's employees or agents during or after the examination. Such mate-
15 rials shall be provided to the plaintiff within fourteen (14) days of the
16 date of the examination and no later than twenty-one (21) days prior to
17 the hearing date. Failure to timely provide the medical examiner's mate-
18 rials shall be a basis for vacating and rescheduling the hearing or for
19 excluding the evidence if the plaintiff so chooses;
20 (d) The parties may submit requests for admission to one another pursuant
21 to rule 36 of the Idaho rules of civil procedure.
22 (2) It is presumed that no additional discovery shall be allowed for the
23 purpose of the evaluation unless the parties stipulate thereto or the
24 evaluator has ordered otherwise based on the evaluator's determination that
25 such discovery is necessary to obtain a fair, swift, and cost-effective deter-
26 mination of the case.
27 7-1508. HEARING PROCEDURES. (1) The evaluator shall set the time, date
28 and place of the hearing and shall give reasonable notice of the hearing to
29 the parties. The parties may agree to hold the hearing by telephone. Except by
30 stipulation among the parties and the evaluator, or for good cause shown, the
31 hearing shall be scheduled to take place no sooner than twenty-eight (28)
32 days, nor later than seventy (70) days, from the date of the assignment of the
33 case to the evaluator. If a case will be heard later than seventy (70) days
34 from the date of assignment, the evaluator shall file a notice with the trial
35 court providing reasons for the delay and informing the court of the date of
36 the hearing.
37 (2) Counsel for the parties and the evaluator may issue subpoenas for the
38 hearing in the manner provided in rule 45(a) of the Idaho rules of civil pro-
39 cedure.
40 (3) At least fourteen (14) days prior to the date of the evaluation hear-
41 ing, each party shall file with the evaluator and serve upon all other parties
42 a prehearing statement containing a list of witnesses the party intends to
43 call at the evaluation hearing and a list of exhibits and documentary evidence
44 a party intends to utilize at the hearing. The document will identify whether
45 the testimony shall be live, presented in a sworn writing, or taken by tele-
46 phone. Upon request, all evidence identified shall be made available for the
47 opposing party's inspection at least seven (7) days prior to the hearing date.
48 The evaluator shall have the right to exclude any evidence not provided in
49 compliance with this section.
50 (4) The evaluator shall control the mode and order of proof with the
51 objectives of making the presentation of evidence effective for the ascertain-
52 ment of facts, avoiding the needless consumption of time, protecting witnesses
53 from harassment and undue embarrassment and ensuring the fair, swift, and
54 cost-effective determination of the case. Witnesses shall testify under oath
5
1 with the full penalty of law to apply to violation of that oath. The evaluator
2 may allow testimony by telephone or other nontraditional means. The evaluator
3 may question any party's witness. A party has the right of cross-examination
4 of any witness that testifies.
5 (5) The hearing may be recorded electronically upon the request of any
6 party, the cost to be borne by that party.
7 (6) Proceedings shall be under the control of the evaluator and as infor-
8 mal as practicable. The extent to which the formal rules of evidence will be
9 applied shall rest in the discretion of the evaluator. To the extent deter-
10 mined applicable, the evaluator shall construe those rules liberally in order
11 to effectuate a fair, swift and cost-efficient procedure.
12 (7) To effectuate the fair, swift and cost-efficient nature of the evalu-
13 ation proceedings, the following documents shall be presumed admissible at the
14 evaluation hearing and may be provided to the evaluator prior to the hearing,
15 provided the documents are disclosed in the prehearing statement and, where
16 relevant, the name, address and telephone number of the author of the document
17 is contained in the document or set forth in the prehearing statement:
18 (a) A bill, report, chart or record of a hospital, doctor, dentist, reg-
19 istered nurse, licensed practical nurse, physical therapist, psychologist
20 or other health care provider, on a letterhead, billhead or another
21 clearly identifiable document as part of the provider's professional
22 record;
23 (b) A bill for drugs, medical appliances or other related expenses on
24 letterhead, billhead or another clearly identifiable document as part of a
25 provider's professional record;
26 (c) A bill for, or estimate of, property damage or loss on a letterhead
27 or billhead. In the case of an estimate, the offering party shall notify
28 the adverse party as part of the prehearing statement whether the property
29 was repaired, in full or in part, and shall provide a copy of the actual
30 bill showing the cost of repairs;
31 (d) A police, weather, or wage loss report or standard life expectancy
32 table to the extent it is relevant without need for authentication;
33 (e) A photograph, videotape, x-ray, drawing, map, blueprint or similar
34 evidence to the extent it is relevant without the need for authentication;
35 (f) The written statement of any witness made as part of a police inves-
36 tigation;
37 (g) The written statement of any witness, including a written report of
38 any expert witness setting forth a statement of opinion based on proper
39 qualifications and which the witness would be allowed to express if testi-
40 fying in person, if it is made by sworn affidavit;
41 (h) A document not specifically covered by the foregoing but having
42 equivalent circumstantial guarantees of trustworthiness, the admission of
43 which would help in the swift, fair and cost-effective resolution of the
44 dispute or otherwise serve the interests of justice.
45 This section does not authorize direct contact by counsel with any indi-
46 vidual in contravention of the Idaho rules of professional conduct, the Idaho
47 rules of civil procedure, or other law.
48 (8) The admission of a document under subsection (7) of this section does
49 not restrict in any manner argument or proof relating to the weight of the
50 evidence admitted, nor does it limit the evaluator's discretion to determine
51 the weight of the evidence after hearing all evidence and the arguments of the
52 opposing parties.
53 (9) The evaluation hearing may proceed, and a decision may issue, in the
54 absence of any party who, after due notice, fails to participate or to obtain
55 a continuance. Continuances shall only be granted for good cause and for the
6
1 shortest practicable time. If a defendant is absent, the evaluator shall
2 require the plaintiff to submit the evidence required for the making of an
3 award. In a case involving more than one (1) defendant, the absence of a
4 defendant does not preclude the evaluator from assessing as part of the award,
5 damages against the defendant or defendants who are absent. The evaluator, for
6 good cause shown, may allow an absent party an opportunity to appear at a sub-
7 sequent hearing before making an award. A party who fails to participate in
8 the hearing or prehearing process without good cause waives the right to a
9 trial de novo. If it is shown to the trial court by clear and convincing evi-
10 dence that a party has not acted in good faith during the evaluation, the
11 trial court may impose any appropriate sanction.
12 7-1509. DECISION AND AWARD -- APPEALS -- TRIAL DE NOVO -- MISCELLANEOUS.
13 (1) Within fourteen (14) days following the evaluation hearing, the evaluator
14 shall issue a decision in writing that is signed by the evaluator. The
15 evaluator shall determine all issues raised by the pleadings, including a
16 determination of any damages. The evaluator shall apply the law as it exists;
17 however, neither findings of fact nor conclusions of law are required. The
18 decision shall be served on the parties. The evaluator shall file a notice of
19 issuance of the evaluator's decision with the clerk of the court, together
20 with proof of service of the notice and the decision on the parties. The deci-
21 sion itself shall not be filed with the clerk of the court. No evaluator's
22 award shall exceed fifty thousand dollars ($50,000) in total damages.
23 (2) Within fourteen (14) days after the notice of issuance of the
24 evaluator's decision is filed with the clerk of the court, any party may file
25 with the clerk a written notice of appeal and request for a trial de novo in
26 the district court on all issues of law and fact. Within twenty-eight (28)
27 days after the request for a trial de novo is filed, the trial court shall
28 hold a scheduling conference pursuant to rule 16(b) of the Idaho rules of
29 civil procedure and shall schedule the trial to commence no later than two
30 hundred seventy (270) days from the scheduling conference.
31 (3) The trial de novo shall proceed as if the evaluation had not
32 occurred. No reference to the amount of the evaluation award or the fact of
33 evaluation shall be made to the trial court or the jury during any part of the
34 trial de novo. Discovery taken and statements made during the course of the
35 evaluation proceeding are admissible at the trial de novo to the extent
36 allowed by the rules of evidence; however, no reference shall be made to the
37 fact that any statement was made in an evaluation proceeding. Any dollar
38 amounts sought, demanded or awarded during the evaluation, including the
39 plaintiff's agreement that for the purposes of the evaluation the claim is
40 limited to fifty thousand dollars ($50,000), shall be treated as an offer to
41 compromise pursuant to rule 408 of the Idaho rules of evidence and shall not
42 be admissible at trial. Any examination made pursuant to the provisions of
43 section 7-1507(1)(c), Idaho Code, shall be subject to rule 35 of the Idaho
44 rules of civil procedure. Any violation of the rules in this subsection by a
45 party or its representatives shall be subject to appropriate sanctions by the
46 trial court.
47 (4) The relief sought at trial shall not be limited by the selection of
48 the evaluation option. An evaluator shall not be called as a witness at the
49 trial de novo.
50 (5) The trial court shall assess all costs and reasonable attorney's fees
51 against a party who appeals from an evaluation award and fails to improve its
52 position at the trial de novo by greater than twenty percent (20%).
53 (6) Up to thirty (30) days prior to the actual date of a trial de novo,
54 the nonappealing party may serve upon the appealing party a written offer of
7
1 compromise. In any case in which an offer of compromise is not accepted by the
2 appealing party within ten (10) calendar days after service thereof, the
3 amount used for determining whether the party appealing the evaluator's award
4 has improved its position shall be the amount of the offer of compromise. The
5 evaluator's decision and the offer of compromise shall not be submitted to the
6 trial court until after the verdict is rendered in the trial de novo.
7 (7) The trial court may assess some or all costs and reasonable
8 attorney's fees against a party who withdraws its request for a trial de novo
9 where the withdrawal is not in conjunction with the acceptance of an offer to
10 compromise.
11 (8) For the purposes of this section "costs and reasonable attorney's
12 fees" means all those provided for by statute or rule as well as all expert
13 witness and other expenses the court finds were reasonably incurred after the
14 appeal from the evaluation award was filed.
15 (9) If the nonappealing party from the evaluation prevails at the trial
16 de novo, even though the appealing party may have improved its position from
17 the evaluation, this chapter does not affect or preclude the application of
18 any other statute or rule regarding fees or costs including, but not limited
19 to, those set forth in titles 7, and 12, Idaho Code, section 41-1839, Idaho
20 Code, or the Idaho rules of civil procedure.
21 (10) If no appeal has been filed at the expiration of twenty (20) days
22 following the filing of the evaluator's notice of decision, a judgment may be
23 presented to the court by any party accompanied by a copy of the evaluator's
24 award and if the judgment is in conformity with the evaluator's award it shall
25 be entered. The judgment, when entered, shall have the same force and effect
26 as any other judgment in a civil action but it is not subject to appellate
27 review and may only be set aside pursuant to the provisions of rule 60 of the
28 Idaho rules of civil procedure.
29 (11) Witness fees and other costs provided for by statute or court rule in
30 district court proceedings shall be awarded by the court upon entry of judg-
31 ment in the same manner as if the hearing had been held in court.
32 (12) An evaluator may obtain a judgment for his fees in the pending liti-
33 gation against any party that refuses to pay its share of the fee. Judgment
34 shall be obtained by motion to the trial court which can only be granted after
35 the party failing to pay has had the opportunity to object.
36 7-1510. RIGHT TO TRIAL BY JURY. The intent of this statute is to maintain
37 the right to a jury trial and the provisions of this statute shall be con-
38 strued to uphold that right.
39 7-1511. SEVERABILITY. If any provision of this chapter or its application
40 to any person or circumstance is held invalid, the remainder of the chapter or
41 the application of the provision to other persons or circumstances is not
42 affected.
43 SECTION 2. This act shall be in full force and effect on and after July
44 1, 2001, and trial court administrators of each judicial district of the state
45 of Idaho shall, thereafter, compile the names of individuals desiring to serve
46 as civil litigation evaluators in their respective judicial districts pursuant
47 to the provisions of this act. To effect a transition, the provisions of this
48 act shall apply only to those cases pending on, or filed after, October 1,
49 2001.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Smith
Seconded by Moss
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 243
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 33, delete "All" and insert:
3 "Except for good cause shown all"; in line 38, delete "fifty" and insert:
4 "twenty-five"; and in line 39, delete "($50,000)" and insert: "($25,000)".
5 On page 3, following line 31, insert:
6 "(6) The supreme court may assign the duties given to the trial court
7 administrator by this chapter to any other administrative office(s) the court
8 deems proper and establish procedures to allow appointment of sitting or
9 senior judges as evaluators at no cost to the parties.
10 (7) The supreme court may exempt cases filed in the courts of any county
11 from the operation of this chapter if, following application made by the
12 administrative judge of the judicial district in which that county sits, the
13 supreme court determines the county does not have sufficient judicial and
14 other resources to implement and effectuate the purposes of this chapter or
15 for other good cause shown.".
16 On page 4, in line 2, delete "defendant" and insert: "defending party";
17 and also in line 2, delete "plaintiff" and insert: "claimant".
18 On page 6, in line 22, delete "fifty" and insert: "twenty-five"; and also
19 in line 22, delete "($50,000)" and insert: "($25,000)"; in line 40, delete
20 "fifty" and insert: "twenty-five"; and also in line 40, delete "($50,000)" and
21 insert: "($25,000)"; and in line 52, following "(20%)" insert: ", which shall
22 include consideration of offsets, counterclaims and third party claims".
23 CORRECTION TO TITLE
24 On page 1, in line 8, following "EVALUATIONS," insert: "TO PROVIDE FOR THE
25 ASSIGNMENT OF THE DUTIES GIVEN TO THE TRIAL COURT ADMINISTRATOR TO CERTAIN
26 PERSONS AND TO PROVIDE FOR THE EXEMPTION OF CERTAIN CASES FROM APPLICATION OF
27 THE CHAPTER,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 243, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SPECIAL COURT PROCEEDINGS; AMENDING TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 15, TITLE 7, IDAHO CODE, TO PROVIDE AUTHORIZA-
4 TION, TO PROVIDE A SHORT TITLE, TO PROVIDE FOR APPLICATION OF THE CHAPTER,
5 TO PROVIDE FOR THE INITIATION OF THE PROCESS AND TO PROVIDE FOR A FEE, TO
6 PROVIDE FOR THE SELECTION OF A CIVIL EVALUATOR, TO PROVIDE FOR QUALIFICA-
7 TIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS AND TO AUTHORIZE THE
8 IDAHO SUPREME COURT TO PRESCRIBE CERTAIN RULES RELATING TO EVALUATIONS, TO
9 PROVIDE FOR THE ASSIGNMENT OF THE DUTIES GIVEN TO THE TRIAL COURT ADMINIS-
10 TRATOR TO CERTAIN PERSONS AND TO PROVIDE FOR THE EXEMPTION OF CERTAIN
11 CASES FROM APPLICATION OF THE CHAPTER, TO PROVIDE FOR EVALUATOR AUTHORITY
12 AND TO PROVIDE A PROCEDURE FOR EVALUATORS, TO PROVIDE FOR DISCOVERY, TO
13 PROVIDE FOR HEARING PROCEDURES, TO PROVIDE FOR DECISIONS AND AWARDS, TO
14 PROVIDE FOR APPEALS, TO PROVIDE FOR TRIALS DE NOVO, TO PROVIDE FOR
15 ATTORNEY'S FEES AND COSTS, TO PROVIDE FOR OFFERS TO COMPROMISE, TO PROVIDE
16 FOR JUDGMENTS AND TO PROVIDE FOR THE AWARD OF WITNESS FEES AND COSTS, TO
17 RECOGNIZE THE RIGHT TO TRIAL BY JURY AND TO PROVIDE FOR SEVERABILITY; TO
18 PROVIDE AN EFFECTIVE DATE AND TO PROVIDE APPLICATION TO CASES FILED ON AND
19 AFTER OCTOBER 1, 2001.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Title 7, Idaho Code, be, and the same is hereby amended
22 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
23 ter 15, Title 7, Idaho Code, and to read as follows:
24 CHAPTER 15
25 SMALL LAWSUIT RESOLUTION ACT
26 7-1501. AUTHORIZATION. To reduce the costs and expenses of litigation and
27 encourage the swift, fair and cost-effective resolution of disputes, the leg-
28 islature hereby establishes a formal system to encourage civil litigants to
29 obtain a fair and independent evaluation of their case through an arbitration-
30 type process. The procedures to be utilized under this chapter, while based on
31 the process of arbitration, are intended to be as informal as practicable to
32 accomplish these concurrent objectives.
33 7-1502. SHORT TITLE. This chapter shall be referred to as the "Small Law-
34 suit Resolution Act."
35 7-1503. ACTIONS TO WHICH THE IDAHO CIVIL EVALUATION OPTION APPLIES --
36 INITIATION OF PROCESS -- FEE. (1) Except for good cause shown all civil
37 actions in which a complaint and answer have been filed, except for appeals
38 from the magistrate division, those subject to arbitration under chapter 9,
39 title 7, Idaho Code, and those proceeding in the small claims division, in
40 which the sole relief sought is a money judgment, and where the plaintiff
2
1 agrees for purposes of the evaluation that its total claim for all damages
2 sought does not exceed twenty-five thousand dollars ($25,000), are subject to
3 one civil evaluation.
4 (2) The civil evaluation option shall be initiated by a party filing a
5 notice of request for civil evaluation with the court at least one hundred
6 twenty (120) days prior to a scheduled trial. A copy of the filing shall be
7 served on the trial court administrator for the district. The trial court
8 retains jurisdiction over a case proceeding under this chapter and the case
9 remains on the court's active calendar. If a defendant files the notice, a
10 plaintiff may file a notice of claim in excess of evaluation limits with the
11 trial court and the trial court administrator prior to the assignment of an
12 evaluator, which will remove the case from the operation of this chapter.
13 Except for the authority expressly given to the evaluator by this chapter, all
14 issues shall be determined by the court.
15 (3) The filing of a notice of request for civil evaluation shall be
16 accompanied by payment of a fee of twenty dollars ($20.00) which fee shall be
17 paid to the county district court fund and dedicated to the use of the trial
18 court administrator of the district for the performance of the administrative
19 duties required by this chapter.
20 7-1504. SELECTION OF CIVIL EVALUATOR. (1) The trial court administrator
21 for each judicial district shall maintain a list of civil litigation
22 evaluators who are approved to serve in that district pursuant to this chapter
23 and any rules adopted by the supreme court.
24 (2) Upon receipt of a notice of request for civil evaluation, the trial
25 court administrator shall provide each party to the case the names of five (5)
26 randomly selected civil litigation evaluators. If there are more than two (2)
27 parties to the litigation, the trial court administrator will provide ten (10)
28 names.
29 (3) Within five (5) days of receipt of the list, it shall be the duty of
30 the representative of the party that filed the notice of request for civil
31 evaluation to initiate contact with the representatives of the other litigants
32 for the purpose of selecting an evaluator. Unless the parties agree on a dif-
33 ferent method, selection of the evaluator shall be by alternating strikes. The
34 representative of the party that filed the notice of request for civil evalua-
35 tion shall strike an evaluator's name, the opposing counsel shall then strike
36 an evaluator's name with the parties alternating until only one (1) name is
37 left. If there are more than two (2) parties, the strikes shall be made in the
38 order the parties' names appear on the case caption commencing at the point
39 the name of the party that filed the notice of request for civil evaluation
40 appears. The party that filed the notice of request for civil evaluation shall
41 notify the trial court administrator in writing of the selected evaluator
42 within ten (10) days of the receipt of the list.
43 (4) If there is any dispute or failure to cooperate in the procedure in
44 subsection (3) of this section, a party may file a motion for assistance in
45 the selection of an evaluator with the court with a copy provided to the trial
46 court administrator. The court shall rule on such motion expeditiously and
47 take whatever steps are necessary, through its clerk or otherwise, to obtain
48 the prompt selection of an evaluator.
49 (5) Fourteen (14) days after mailing the list, if he has not been
50 informed of a selected evaluator or received a motion pursuant to subsection
51 (4) of this section, the trial court administrator shall assign by random lot
52 any person on the list as the evaluator.
53 (6) Nothing shall preclude the parties from jointly selecting and stipu-
54 lating to any individual who agrees to serve as the evaluator under this stat-
3
1 ute. If the parties stipulate to an evaluator other than one on the list pro-
2 vided by the trial court administrator, they shall file a joint statement to
3 that effect with the trial court administrator.
4 7-1505. QUALIFICATIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS. (1)
5 Any individual desiring to be on a list of civil litigation evaluators under
6 this chapter shall submit a request to the trial court administrator in each
7 district in which the individual wishes to serve. The task of acting as a
8 civil litigation evaluator under this chapter shall be a service to the judi-
9 ciary and the legal profession.
10 (2) To serve as a civil litigation evaluator, a person must currently be
11 an active member of the Idaho state bar association and have had such member-
12 ship for a minimum of seven (7) years or be a retired or senior judge. To the
13 extent it deems necessary, the supreme court shall prescribe by rule addi-
14 tional qualifications for civil litigation evaluators in some or all cases
15 with the purpose of providing the largest pool of individuals with the knowl-
16 edge and experience to fairly determine claims under this chapter at a minimal
17 cost to litigants.
18 (3) Upon appointment, the evaluator must sign an oath to fulfill the
19 duties of the office, including the impartial, unbiased, and timely discharge
20 of those duties. The evaluator must also affirmatively state he has no con-
21 flict of interest. Challenges to the service of an evaluator shall be made by
22 motion to the trial court and shall be heard expeditiously. The trial court
23 may excuse evaluators from an appointment for good cause.
24 (4) Evaluators shall submit their rates of hourly compensation, if any,
25 to the trial court administrator when submitting their request to be on that
26 district's list of civil litigation evaluators. The trial court administrator
27 shall include the rate of hourly compensation for each evaluator in the list
28 of names submitted to the parties. The parties shall each pay an equal portion
29 of the evaluator's fee.
30 (5) To the extent it deems necessary, the supreme court shall prescribe
31 rules to reduce the costs of evaluation, including caps on evaluation fees.
32 The supreme court may also prescribe forms to be used in the evaluation proc-
33 ess, and any such other rules, standards or procedures it deems appropriate to
34 effectuate the purposes of this chapter.
35 (6) The supreme court may assign the duties given to the trial court
36 administrator by this chapter to any other administrative office(s) the court
37 deems proper and establish procedures to allow appointment of sitting or
38 senior judges as evaluators at no cost to the parties.
39 (7) The supreme court may exempt cases filed in the courts of any county
40 from the operation of this chapter if, following application made by the
41 administrative judge of the judicial district in which that county sits, the
42 supreme court determines the county does not have sufficient judicial and
43 other resources to implement and effectuate the purposes of this chapter or
44 for other good cause shown.
45 7-1506. EVALUATOR'S AUTHORITY AND PROCEDURE. (1) An evaluator under this
46 chapter has the authority to:
47 (a) Decide procedural issues arising before or during the evaluation
48 hearing except issues relating to the qualification of the evaluator,
49 which shall be decided by the trial court.
50 (b) Invite, with reasonable notice, the parties to submit preevaluation
51 briefs;
52 (c) Examine any site or object relevant to the case;
53 (d) Administer oaths and affirmations to witnesses;
4
1 (e) Rule on the admissibility of evidence;
2 (f) Determine the facts, decide the law, issue a decision, and make an
3 award; and
4 (g) Take such other acts as are necessary to accomplish the object of a
5 fair, swift, and cost-effective determination of the case.
6 (2) An evaluator shall not decide motions to dismiss, motions to add or
7 change parties in the case, or motions for summary judgment. Any such motion
8 shall be presented to the trial court for determination.
9 (3) After the case is assigned to the evaluator, service shall be made
10 consistent with rule 5 of the Idaho rules of civil procedure, except that
11 evaluation documents shall be filed with the evaluator instead of the court.
12 (4) Time shall be computed pursuant to rules 6(a) and 6(e)(1) of the
13 Idaho rules of civil procedure.
14 7-1507. DISCOVERY. (1) Unless the evaluator orders otherwise:
15 (a) The defending party may demand in writing a statement from the claim-
16 ant setting forth separately the amounts of any special, general or other
17 damages sought in the evaluation. Such statement shall be served on the
18 defendant no later than twenty-one (21) days after receipt of the demand;
19 (b) A party may take the deposition of another party pursuant to rule 30
20 of the Idaho rules of civil procedure;
21 (c) If the physical or mental condition of the plaintiff is at issue, and
22 there are multiple defendants, a defendant may obtain another defendant's
23 copy of the medical examination report of the plaintiff. The evaluator
24 shall decide any limitations to be placed on the time, place, manner, con-
25 ditions or scope of the examination if requested. A plaintiff has an
26 absolute right to a copy of any document created by the examiner or the
27 examiner's employees or agents during or after the examination. Such mate-
28 rials shall be provided to the plaintiff within fourteen (14) days of the
29 date of the examination and no later than twenty-one (21) days prior to
30 the hearing date. Failure to timely provide the medical examiner's mate-
31 rials shall be a basis for vacating and rescheduling the hearing or for
32 excluding the evidence if the plaintiff so chooses;
33 (d) The parties may submit requests for admission to one another pursuant
34 to rule 36 of the Idaho rules of civil procedure.
35 (2) It is presumed that no additional discovery shall be allowed for the
36 purpose of the evaluation unless the parties stipulate thereto or the
37 evaluator has ordered otherwise based on the evaluator's determination that
38 such discovery is necessary to obtain a fair, swift, and cost-effective deter-
39 mination of the case.
40 7-1508. HEARING PROCEDURES. (1) The evaluator shall set the time, date
41 and place of the hearing and shall give reasonable notice of the hearing to
42 the parties. The parties may agree to hold the hearing by telephone. Except by
43 stipulation among the parties and the evaluator, or for good cause shown, the
44 hearing shall be scheduled to take place no sooner than twenty-eight (28)
45 days, nor later than seventy (70) days, from the date of the assignment of the
46 case to the evaluator. If a case will be heard later than seventy (70) days
47 from the date of assignment, the evaluator shall file a notice with the trial
48 court providing reasons for the delay and informing the court of the date of
49 the hearing.
50 (2) Counsel for the parties and the evaluator may issue subpoenas for the
51 hearing in the manner provided in rule 45(a) of the Idaho rules of civil pro-
52 cedure.
53 (3) At least fourteen (14) days prior to the date of the evaluation hear-
5
1 ing, each party shall file with the evaluator and serve upon all other parties
2 a prehearing statement containing a list of witnesses the party intends to
3 call at the evaluation hearing and a list of exhibits and documentary evidence
4 a party intends to utilize at the hearing. The document will identify whether
5 the testimony shall be live, presented in a sworn writing, or taken by tele-
6 phone. Upon request, all evidence identified shall be made available for the
7 opposing party's inspection at least seven (7) days prior to the hearing date.
8 The evaluator shall have the right to exclude any evidence not provided in
9 compliance with this section.
10 (4) The evaluator shall control the mode and order of proof with the
11 objectives of making the presentation of evidence effective for the ascertain-
12 ment of facts, avoiding the needless consumption of time, protecting witnesses
13 from harassment and undue embarrassment and ensuring the fair, swift, and
14 cost-effective determination of the case. Witnesses shall testify under oath
15 with the full penalty of law to apply to violation of that oath. The evaluator
16 may allow testimony by telephone or other nontraditional means. The evaluator
17 may question any party's witness. A party has the right of cross-examination
18 of any witness that testifies.
19 (5) The hearing may be recorded electronically upon the request of any
20 party, the cost to be borne by that party.
21 (6) Proceedings shall be under the control of the evaluator and as infor-
22 mal as practicable. The extent to which the formal rules of evidence will be
23 applied shall rest in the discretion of the evaluator. To the extent deter-
24 mined applicable, the evaluator shall construe those rules liberally in order
25 to effectuate a fair, swift and cost-efficient procedure.
26 (7) To effectuate the fair, swift and cost-efficient nature of the evalu-
27 ation proceedings, the following documents shall be presumed admissible at the
28 evaluation hearing and may be provided to the evaluator prior to the hearing,
29 provided the documents are disclosed in the prehearing statement and, where
30 relevant, the name, address and telephone number of the author of the document
31 is contained in the document or set forth in the prehearing statement:
32 (a) A bill, report, chart or record of a hospital, doctor, dentist, reg-
33 istered nurse, licensed practical nurse, physical therapist, psychologist
34 or other health care provider, on a letterhead, billhead or another
35 clearly identifiable document as part of the provider's professional
36 record;
37 (b) A bill for drugs, medical appliances or other related expenses on
38 letterhead, billhead or another clearly identifiable document as part of a
39 provider's professional record;
40 (c) A bill for, or estimate of, property damage or loss on a letterhead
41 or billhead. In the case of an estimate, the offering party shall notify
42 the adverse party as part of the prehearing statement whether the property
43 was repaired, in full or in part, and shall provide a copy of the actual
44 bill showing the cost of repairs;
45 (d) A police, weather, or wage loss report or standard life expectancy
46 table to the extent it is relevant without need for authentication;
47 (e) A photograph, videotape, x-ray, drawing, map, blueprint or similar
48 evidence to the extent it is relevant without the need for authentication;
49 (f) The written statement of any witness made as part of a police inves-
50 tigation;
51 (g) The written statement of any witness, including a written report of
52 any expert witness setting forth a statement of opinion based on proper
53 qualifications and which the witness would be allowed to express if testi-
54 fying in person, if it is made by sworn affidavit;
55 (h) A document not specifically covered by the foregoing but having
6
1 equivalent circumstantial guarantees of trustworthiness, the admission of
2 which would help in the swift, fair and cost-effective resolution of the
3 dispute or otherwise serve the interests of justice.
4 This section does not authorize direct contact by counsel with any indi-
5 vidual in contravention of the Idaho rules of professional conduct, the Idaho
6 rules of civil procedure, or other law.
7 (8) The admission of a document under subsection (7) of this section does
8 not restrict in any manner argument or proof relating to the weight of the
9 evidence admitted, nor does it limit the evaluator's discretion to determine
10 the weight of the evidence after hearing all evidence and the arguments of the
11 opposing parties.
12 (9) The evaluation hearing may proceed, and a decision may issue, in the
13 absence of any party who, after due notice, fails to participate or to obtain
14 a continuance. Continuances shall only be granted for good cause and for the
15 shortest practicable time. If a defendant is absent, the evaluator shall
16 require the plaintiff to submit the evidence required for the making of an
17 award. In a case involving more than one (1) defendant, the absence of a
18 defendant does not preclude the evaluator from assessing as part of the award,
19 damages against the defendant or defendants who are absent. The evaluator, for
20 good cause shown, may allow an absent party an opportunity to appear at a sub-
21 sequent hearing before making an award. A party who fails to participate in
22 the hearing or prehearing process without good cause waives the right to a
23 trial de novo. If it is shown to the trial court by clear and convincing evi-
24 dence that a party has not acted in good faith during the evaluation, the
25 trial court may impose any appropriate sanction.
26 7-1509. DECISION AND AWARD -- APPEALS -- TRIAL DE NOVO -- MISCELLANEOUS.
27 (1) Within fourteen (14) days following the evaluation hearing, the evaluator
28 shall issue a decision in writing that is signed by the evaluator. The
29 evaluator shall determine all issues raised by the pleadings, including a
30 determination of any damages. The evaluator shall apply the law as it exists;
31 however, neither findings of fact nor conclusions of law are required. The
32 decision shall be served on the parties. The evaluator shall file a notice of
33 issuance of the evaluator's decision with the clerk of the court, together
34 with proof of service of the notice and the decision on the parties. The deci-
35 sion itself shall not be filed with the clerk of the court. No evaluator's
36 award shall exceed twenty-five thousand dollars ($25,000) in total damages.
37 (2) Within fourteen (14) days after the notice of issuance of the
38 evaluator's decision is filed with the clerk of the court, any party may file
39 with the clerk a written notice of appeal and request for a trial de novo in
40 the district court on all issues of law and fact. Within twenty-eight (28)
41 days after the request for a trial de novo is filed, the trial court shall
42 hold a scheduling conference pursuant to rule 16(b) of the Idaho rules of
43 civil procedure and shall schedule the trial to commence no later than two
44 hundred seventy (270) days from the scheduling conference.
45 (3) The trial de novo shall proceed as if the evaluation had not
46 occurred. No reference to the amount of the evaluation award or the fact of
47 evaluation shall be made to the trial court or the jury during any part of the
48 trial de novo. Discovery taken and statements made during the course of the
49 evaluation proceeding are admissible at the trial de novo to the extent
50 allowed by the rules of evidence; however, no reference shall be made to the
51 fact that any statement was made in an evaluation proceeding. Any dollar
52 amounts sought, demanded or awarded during the evaluation, including the
53 plaintiff's agreement that for the purposes of the evaluation the claim is
54 limited to twenty-five thousand dollars ($25,000), shall be treated as an
7
1 offer to compromise pursuant to rule 408 of the Idaho rules of evidence and
2 shall not be admissible at trial. Any examination made pursuant to the provi-
3 sions of section 7-1507(1)(c), Idaho Code, shall be subject to rule 35 of the
4 Idaho rules of civil procedure. Any violation of the rules in this subsection
5 by a party or its representatives shall be subject to appropriate sanctions by
6 the trial court.
7 (4) The relief sought at trial shall not be limited by the selection of
8 the evaluation option. An evaluator shall not be called as a witness at the
9 trial de novo.
10 (5) The trial court shall assess all costs and reasonable attorney's fees
11 against a party who appeals from an evaluation award and fails to improve its
12 position at the trial de novo by greater than twenty percent (20%), which
13 shall include consideration of offsets, counterclaims and third party claims.
14 (6) Up to thirty (30) days prior to the actual date of a trial de novo,
15 the nonappealing party may serve upon the appealing party a written offer of
16 compromise. In any case in which an offer of compromise is not accepted by the
17 appealing party within ten (10) calendar days after service thereof, the
18 amount used for determining whether the party appealing the evaluator's award
19 has improved its position shall be the amount of the offer of compromise. The
20 evaluator's decision and the offer of compromise shall not be submitted to the
21 trial court until after the verdict is rendered in the trial de novo.
22 (7) The trial court may assess some or all costs and reasonable
23 attorney's fees against a party who withdraws its request for a trial de novo
24 where the withdrawal is not in conjunction with the acceptance of an offer to
25 compromise.
26 (8) For the purposes of this section "costs and reasonable attorney's
27 fees" means all those provided for by statute or rule as well as all expert
28 witness and other expenses the court finds were reasonably incurred after the
29 appeal from the evaluation award was filed.
30 (9) If the nonappealing party from the evaluation prevails at the trial
31 de novo, even though the appealing party may have improved its position from
32 the evaluation, this chapter does not affect or preclude the application of
33 any other statute or rule regarding fees or costs including, but not limited
34 to, those set forth in titles 7, and 12, Idaho Code, section 41-1839, Idaho
35 Code, or the Idaho rules of civil procedure.
36 (10) If no appeal has been filed at the expiration of twenty (20) days
37 following the filing of the evaluator's notice of decision, a judgment may be
38 presented to the court by any party accompanied by a copy of the evaluator's
39 award and if the judgment is in conformity with the evaluator's award it shall
40 be entered. The judgment, when entered, shall have the same force and effect
41 as any other judgment in a civil action but it is not subject to appellate
42 review and may only be set aside pursuant to the provisions of rule 60 of the
43 Idaho rules of civil procedure.
44 (11) Witness fees and other costs provided for by statute or court rule in
45 district court proceedings shall be awarded by the court upon entry of judg-
46 ment in the same manner as if the hearing had been held in court.
47 (12) An evaluator may obtain a judgment for his fees in the pending liti-
48 gation against any party that refuses to pay its share of the fee. Judgment
49 shall be obtained by motion to the trial court which can only be granted after
50 the party failing to pay has had the opportunity to object.
51 7-1510. RIGHT TO TRIAL BY JURY. The intent of this statute is to maintain
52 the right to a jury trial and the provisions of this statute shall be con-
53 strued to uphold that right.
8
1 7-1511. SEVERABILITY. If any provision of this chapter or its application
2 to any person or circumstance is held invalid, the remainder of the chapter or
3 the application of the provision to other persons or circumstances is not
4 affected.
5 SECTION 2. This act shall be in full force and effect on and after July
6 1, 2001, and trial court administrators of each judicial district of the state
7 of Idaho shall, thereafter, compile the names of individuals desiring to serve
8 as civil litigation evaluators in their respective judicial districts pursuant
9 to the provisions of this act. To effect a transition, the provisions of this
10 act shall apply only to those cases pending on, or filed after, October 1,
11 2001.
STATEMENT OF PURPOSE
RS 11005
This bill is designed to reduce the cost of litigation and speed
the resolution of conflicts that have resulted in a lawsuit. It
provides for independent case evaluations based on review of the
evidence by impartial evaluators. It will help people who have a
valid but smaller claim, obtain an attorney. Once the case has
been through the evaluation process, a party that is dissatisfied
with the decision may still have a full trial without any mention
of the 'evaluation process'. However, if the dissatisfied party
fails to substantially improve his position with a jury, he will be
forced to pay the other side's attorney's fees if the ultimate
court decision is less than 20% better than the evaluator's
decision. It applies only to cases for money damages under $50,000.
It is based on a system that has been used in Washington State
since the 1980's. It has resulted in the reduction of court
caseloads and faster resolution of lawsuits. In addition to
Washington, similar statutes are also used in Hawaii, California,
Georgia, Illinois and New York.
FISCAL IMPACT
This legislation should have a positive impact on the state General
Funds by reducing court caseloads, relieving courts, judges, clerks
and other court personnel of time spent on the cases settled by
this evaluation procedure.
Contact
Name: Rep. Leon Smith
Phone: 332-1261
Name: David Kerrick
Phone: 459-4574
STATEMENT OF PURPOSE/FISCAL NOTE H 24