The Court’s Judgment

Rules for Court-Ordered Arbitration

Rule: 8

Jurisdiction: NC

Bluebook Citation: N.C. R. Ct.-Ordered Arb. 8

(a) Termination of Action Before Judgment. Dismissals or a consent judgment may be filed at any time before entry of judgment on an award. (b) Judgment Entered on Award. If the case is not terminated by dismissal or consent judgment and no party files a demand for trial de novo within 30 days after the award is served, the clerk or the court shall enter judgment on the award, which shall have the same effect as a consent judgment in the action. A copy of the judgment shall be served on all parties or their counsel by mail in accordance with N.C. R. Civ. P. 5(b). 15 TOC Rule 8 (c) Judgment upon dismissal or withdrawal of a demand for trial de novo. If the case is noticed for trial de novo and all parties consent to withdraw the demand for the trial de novo in accordance with Rule 9(a)(3), the clerk or court shall immediately enter judgment on the award. A copy of the judgment shall be served on all parties or their counsel by the clerk in accordance with N.C. R. Civ. P. 5. A certificate of service shall be executed by the clerk and shall be filed. Comment No appeal lies from an arbitration award to the appellate courts of this State. The remedy available to a party aggrieved by the award is to demand a trial de novo in the district court. In the absence of such a demand within the 30 day period set forth in Arb. Rule 8(b), the clerk or the court will enter judgment on the award. History Note. 365 N.C. 711.

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