Vanderpol v. Schotzko

¶1 In this case we once again delve into the requirements for obtaining a trial de novo after mandatory arbitration. We hold that the MAR 7.1 requirement of proof that a copy has been served is satisfied by an affidavit attesting that a copy of the request was mailed to all parties at least three days before the deadline for service. We therefore reinstate the request for trial de novo and remand for further proceedings.

Ellington, J.

BACKGROUND

¶2 Christopher Schotzko and David Van each rear-ended Karen Vanderpol’s car. Vanderpol prevailed against both in mandatory arbitration. The arbitrator’s…