After Judgment has been awarded…
To order the Transcript of Judgment from your arbitration hearing, you must wait thirty-five days from the mailing date of the arbitrator's award (to allow all parties time to request a trial de novo). If the award was as the result of the non-appearance of the defendant, we advise that you wait thirty days to allow the defendant time to pay you.
If after the stated time period you have not been served with a trial de novo demand or have not received payment, you may request that the District Court Clerk issue you a Transcript of Judgment to be filed with the Suffolk County Clerk. The request for a Transcript of Judgment must state that you have not received payment, or must state the amount of any partial payment that you have received since the award was granted. Enclose a stamped, self addressed envelope, along with a check or money order payable to THE CLERK OF THE DISTRICT COURT for the proper Transcript of Judgment fee.
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.