Rule 13.260.Procedure at Trial De Novo
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.260
Plain-English Summary
A trial de novo is a new trial, and this rule protects it from the arbitration that came before. When a trial de novo is requested, the trial court administrator must seal the award.
The protection is stated flatly: neither judge nor jury will be informed of the arbitration result. The practical consequence for counsel is that nothing in the trial presentation can reveal who won the arbitration or what the arbitrator thought. Treat the award as unavailable material for opening, examination, and argument.
The seal comes off late. The sealed arbitration award will not be opened until after the verdict is received and filed in a jury trial, or until after the judge has rendered a decision in a court trial. By then the decision maker has ruled on the evidence presented at trial, which is the point of the sequence.
Frequently Asked Questions
Will the judge know what the arbitrator decided?
No. The award is sealed when a trial de novo is requested, and the rule states that neither judge nor jury will be informed of the arbitration result.
Can I mention the arbitration award at trial?
No. Keeping the result from the judge and jury is the object of the rule, so the award and the arbitrator's conclusions stay out of the trial.
When is the award unsealed?
After the verdict is received and filed in a jury trial, or after the judge has rendered a decision in a court trial.
Who seals the award?
The trial court administrator, on a request for trial de novo. It is a duty of the court's office rather than something a party has to move for.
Does the case really start over?
Yes, that is what a trial de novo means here. The trial proceeds on the evidence presented to the court, and the chapter separately allows pretrial matters the arbitrator decided to be raised again.