Allocation of fees and costs

(a) Cases entered in Short Trial Program by stipulation or following mediation. For cases that are entered in the Short Trial Program by stipulation of the parties or after unsuccessful participation in the Mediation Program, juror fees, short trial judge’s fees, and costs shall be borne equally by the parties subject to retaxation pursuant to NSTR 27 . (b) Trial de novo cases. For cases that enter the Short Trial Program following the filing of a request for a trial de novo: (1) Juror fees shall initially be borne by the party filing the request for trial de novo as provided in NSTR 4 (a)(1), subject to retaxation pursuant to NSTR 27 . (2) Should the plaintiff requesting the trial de novo fail to obtain a judgment in the Short Trial Program that exceeds the arbitration award, or should the defendant requesting the trial de novo fail to obtain a judgment that reduces the amount for which that party is liable under the arbitration award, all short trial judge’s fees and costs incurred while the case is in the Short Trial Program shall become a taxable cost against and be paid by the party requesting the trial de novo. In comparing the arbitration award and the judgment, the short trial judge shall not include costs, short trial judge’s fees, attorney fees, and interest with respect to the amount of the award or judgment. If multiple parties are involved in the action, the short trial judge shall consider each party’s respective award and judgment in making the comparison between the arbitration award and the judgment. [Added; effective July 6, 2000; amended; effective July 26, 2024.]