Wiley v. Rehak

Summary

The Washington Supreme Court held that a party seeking a trial de novo after mandatory arbitration must strictly comply with the requirement to file and serve a notice naming the aggrieved party within 20 days. Because the timely notice named only nonaggrieved parties, it was a nullity, and the court could not permit a later amendment adding the omitted party or allow relation back. The court also upheld an award of attorney fees against the party who failed to improve his position by not complying with the arbitration rules.

Holdings

1. A party seeking a trial de novo must be named in a notice filed and served within 20 days after the arbitration award is filed. An omitted party may not be added by an untimely amendment.
2. A notice for trial de novo filed by nonaggrieved parties is a nullity and cannot provide a valid filing date for an omitted aggrieved party's later amendment.
3. The Civil Rules cannot be applied to permit amendment or relation back of a notice for trial de novo when doing so conflicts with the mandatory arbitration rules.
4. Attorney fees may be awarded against a party who requests a trial de novo but fails to improve that party's position because the party failed to comply with the requirements for proceeding to a trial de novo.

Questions Presented

1. Whether a party omitted from a timely notice for trial de novo following mandatory arbitration may be added by amendment after the 20-day filing period has expired.
2. Whether the amendment may relate back to a notice filed by parties who were not aggrieved by the arbitration award.
3. Whether the Washington Civil Rules permit amendment or correction of a notice for trial de novo in a manner inconsistent with the mandatory arbitration rules.
4. Whether attorney fees may be awarded against a party who requested a trial de novo but failed to comply with MAR 7.1 and therefore did not proceed to trial.

Disposition

affirmed