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SPONSOR: |
HJC |
DATE TYPED: |
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HB |
867/HJCS |
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SHORT TITLE: |
Judicial Review of Arbitration Awards |
SB |
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ANALYST: |
Hayes |
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APPROPRIATION
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Additional Impact |
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Fund Affected |
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FY04 |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Administrative
Office of the Courts (
SUMMARY
Summary of Bill
The House Judiciary
Committee Substitute for House Bill 867 repeals Section 66-5-303 NMSA 1978 of
the Motor Vehicle Code entitled “Uninsured motorist; judicial review of
arbitration award,” and proposes new language for Section 66-5-303 allowing the
party to an arbitration proceeding to make a motion in district court for an
order confirming the award unless the award is modified or corrected pursuant
to Section 44-7A-21 or 44-7A-25.
Significant
Issues
The following is the current statute being
repealed by this legislation:
Any party aggrieved by an arbitration award entered in any
controversy arising under an insured motorist provision of a motor vehicle or
automobile liability insurance policy may, within thirty days after entry of
the arbitration award, appeal to any district court having venue of the action. The appeal shall be “de novo.”
(“De novo” means
“new.” Unlike an appeal where previous
trial transcripts, documents, actions, etc., are all re-examined and taken into
account in an appeals process, a de novo
trial starts with a “clean slate;” there are no preconceptions or historical
review with a de novo trial.)
ADMINISTRATIVE IMPLICATIONS
If HB 867 were enacted,
the number of cases litigated may be reduced, thereby reducing the administrative
burden on the courts.
CMH/yr