2009 New Jersey Code
TITLE 39 - MOTOR VEHICLES AND TRAFFIC REGULATION
39:6A
39:6A-34 - Assessment of costs for trial de novo

39:6A-34.  Assessment of costs for trial de novo     The party having filed for a trial de novo shall be assessed court costs and  other reasonable costs of the other party to the judicial proceeding, including  attorney's fees, investigation expenses and expenses for expert or other  testimony or evidence, which amount shall be, if the party assessed the costs  is the one to whom the award is made, offset against any damages awarded to  that party by the court, and only to that extent; except that if the judgment  is more favorable to the party having filed for a trial de novo, the court may  reduce or eliminate the amount of the assessment in accordance with the extent  to which the decision of the court is more favorable to that party than the  arbitration decision, and as best serves the interest of justice.  The court  may waive an assessment of costs required by this section upon a finding that  the imposition of costs would create a substantial economic hardship as not to  be in the interest of justice.

     L.1983, c. 358, s. 11.
 

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