After Judgment Has Been Awarded - Ordering a Transcript of Judgment After Your Arbitration Hearing
see Frequently asked questions about Judgments
To order the Transcript of Judgment from your arbitration hearing, wait 35 days from the date the arbitrator’s award was mailed. This 35–day period gives everyone time to request a trial de novo (a new trial in court).
If the award was entered because the defendant did not appear, wait 30 days before ordering the Transcript of Judgment. This 30–day period gives the defendant time to pay you voluntarily.
After the 35 days have passed, if you have not received a trial de novo demand and you have not been paid, you can ask the District Court Clerk in writing for a Transcript of Judgment.
In your written request for a Transcript of Judgment, clearly state whether you have received any payment. If you have received a partial payment, state the amount you received after the award was granted.
Include a stamped, self-addressed envelope with your request. Also include a money order for the correct Transcript of Judgment fee, made payable to the Clerk of the Court. Personal checks are not accepted.
When you receive the Transcript of Judgment, file it with the Suffolk County Clerk. The Transcript of Judgment will include instructions to help you understand how to proceed.
Trial De Novo
If you are not satisfied with the decision that was rendered at the arbitration hearing, you may request a trial de novo by a judge.
Demand for trial de novo may be made by any party not in default in the court where the action was commenced or, if the action was transferred, the court to which it was transferred, with or without jury. Any party within 35 days after service of the notice of filing of the award with the appropriate court clerk, may serve upon all adverse parties a demand for trial de novo, and file the demand, together with proof of service upon all parties, and the appropriate filing fee, in the Court where the award was filed.
If the Demandant either serves or files a timely demand for trial de novo but neglects through mistake or excusable neglect to do one of those two acts within the time limited, the court where the action was commenced or, if the action was transferred, the court to which it was transferred, may grant an extension of time to correct the omission.
The Demandant shall also concurrently with the filing of the demand for trial de novo, pay to the court clerk where the award was filed, a fee for a trial de novo. Such sum shall not be recoverable by the demandant upon trial de novo or in any other proceeding.
The arbitrator shall not be called as a witness, nor shall the report or award of the arbitrator be admitted in evidence at the trial de novo.
If the judgment upon the trial de novo is not more favorable than the arbitration award in the amount of damages awarded or the type of relief granted to the Demandant, the Demandant shall not recover interest or costs from the time of the award but shall pay costs to the other party or parties from that time.