HB0616 Witt, Gary

C O M M I T T E E

HB 616 -- TRIAL DE NOVO

SPONSOR: Witt

COMMITTEE ACTION: Voted "do pass" by the Committee on Judiciary and Ethics by a vote of 7 to 5.

This bill repeals the right to a trial de novo from a case brought in associate circuit court. Appeals from cases in associate circuit court will be made to the Court of Appeals or Supreme Court, as they are now made from circuit court.

The bill has an effective date of January 1, 1996.

FISCAL NOTE: Estimated Net Savings to General Revenue Fund of $100,000 in FY 96, $100,000 in FY 97, & $100,000 in FY 98.

PROPONENTS: Supporters say that the way the system is set up now, a party in associate circuit court really gets to try a case twice: first at the associate level, and then at the circuit level. Often, this "second bite of the apple" is before the same judge. This wastes the taxpayer's money, and often invites attorneys not to put in much effort into the case at the associate level, because they know they'll have another chance to try the case again.

Testifying for the bill was Representative Witt.

OPPONENTS: There was no opposition voiced to the committee.

Richard Smreker, Research Analyst