Nevada Mediation Rules

 

A frequent complaint about arbitration is that it is not as cost-effective as the parties hoped it would be.  In fact, 69% of corporate counsel, outside counsel, arbitrators, and company executives surveyed believe arbitration fails at least half of the time to meet its goal of providing speed, efficiency, and economy.[1]  What makes arbitration costly?  Many things, but this article will focus on discovery, motion practice, and multiple-arbitrator panels. (more…)

Preparing for Mediation (Produced by the American Bar Association, Section of Dispute Resolution)

Preparing for Family Mediation (Produced by the American Bar Association, Section of Dispute Resolution)

Preparing for Complex Civil Mediation (Produced by the American Bar Association, Section of Dispute Resolution)”

I.  SCOPE OF RULES

      Rule 1.  The short trial program.

      (a)  Purpose.  The purpose of the short trial program is to expedite civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence.

      (b)  Availability of program.  The short trial program is mandatory in judicial districts subject to the mandatory arbitration program. In all other judicial districts, establishment of a short trial program is voluntary and the judicial district may adopt local rules implementing all or part of the short trial program.

      (c)  Applicability of rules.  The Nevada Rules of Evidence and Civil Procedure apply in short trials except as otherwise specified by these rules.

[Added; effective July 6, 2000; amended effective August 17, 2009.]

      Rule 2.  Short trial commissioner.  Each judicial district may appoint a short trial commissioner to administer the short trial program. Any commissioner so appointed has the responsibilities and powers conferred by these rules and by any local rules. The short trial commissioner may be an arbitration commissioner, alternative dispute resolution commissioner, discovery commissioner, special master, or other qualified and licensed Nevada attorney appointed by the court. The appointment shall be made in accordance with local rules. In districts where there is no commissioner, the district court shall, by local rule, designate a person to perform the duties of the commissioner set forth in these rules.

[Added; effective January 1, 2005.]

      Rule 3.  Presiding judge.  A short trial may be conducted by either a district court judge or a pro tempore judge.

      (a)  Assignment of presiding judge.  No later than 21 days after a case enters the short trial program, the commissioner shall assign a short trial judge to preside over the case. The presiding judge shall be selected by one of the following methods:

             (1) By stipulation.  The parties, within 15 days from the date a case enters the short trial program, may stipulate to have a particular short trial judge serve as the presiding judge. The judge must be selected from the panel of short trial judges and the judge must consent to the assignment. Except that the parties may also stipulate to have a particular district judge serve as presiding judge, provided that the district judge also consents to serve as such.

             (2) Random selection.  Absent a timely stipulation under subdivision (a)(1) of this rule, the commissioner shall randomly select the names of 3 judicial panelists and send the same to the parties. Each party may strike one name within 10 days, and the commissioner shall select the judge from the remaining name(s). For purposes of this rule, if several parties are represented by one attorney, they shall be considered as one party.

      (b)  Panel of short trial judges.  The commissioner shall maintain a list of judges available to hear short jury trials. The list shall include all qualified pro tempore judges for the judicial district.

      (c)  Pro tempore judges.  Pro tempore judges shall be selected and trained by a committee composed of the chief judge of the judicial district or the chief judge’s designee, the commissioner, and a representative of the Alternative Dispute Resolution (ADR) Committee of the State Bar of Nevada. The selection committee shall seek to create a diverse group of qualified pro tempore judges. A pro tempore judge may be added to or removed from the panel of short trial judges pursuant to procedures adopted by each of the district courts. A pro tempore judge shall, however, meet the following minimum qualifications:

(1) Be an active member of the State Bar of Nevada;

(2) Have the equivalent of 10 years of civil trial experience or, in the alternative, be a retired jurist, or presently acting short trial pro tempore judge with a civil background;

(3) Fulfill at least 3 hours of accredited continuing legal education annually as deemed appropriate by the commissioner. Failure to do so may constitute grounds for temporary suspension or removal from the panel of short trial judges.

      (d)  Authority.  While presiding over a case that is in the short trial program, the pro tempore judge shall have all the powers and authority of a district court judge except with respect to the final judgment. A final judgment is one that finally resolves all claims against all parties to the action and leaves nothing for the pro tempore judge’s future consideration except for post-judgment issues such as attorney’s fees and costs.

(1) Not later than 10 days after the rendering of a jury verdict in a jury trial or upon a decision by the presiding judge in a trial to the bench, the judge pro tempore shall submit to the district court judge to whom the case is assigned a proposed judgment.

(2) The judge pro tempore shall provide written notice of the proposed judgment to the parties. Any objections to the proposed judgment shall be filed within 10 days after the written notice of the proposed judgment is served on the parties, and any responses to such objections shall be filed within 5 days after such objections are served.

(3) After reviewing the proposed judgment and any objection to the proposed judgment, the district court shall:

(A) Approve the proposed judgment, in whole or in part; or

(B) Reject the proposed judgment, in whole or in part, and order such relief as may be appropriate.

(4) A proposed judgment from a judge pro tempore is not effective until expressly approved by the district court as evidenced by the signature of the district court judge.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

II.  PARTICIPATION IN AND REMOVAL FROM THE SHORT TRIAL PROGRAM

      Rule 4.  Matters subject to the short trial program.

      (a)  Mandatory participation in the short trial program.

             (1) Trial de novo after arbitration.  All cases that are subject to the mandatory court annexed arbitration program in which a party has filed a request for trial de novo shall enter the short trial program. The party filing the request for trial de novo must comply with N.A.R. 18 and must also pay to the district court clerk all applicable juror fees and costs at the time of filing of the request for trial de novo.

             (2) Cases entering short trial program after unsuccessful mediation in lieu of arbitration.  Cases that enter the mediation program in lieu of arbitration under the Nevada Mediation Rules but are not resolved in the mediation program shall enter the short trial program. The applicable juror fees and costs shall initially be borne equally by the parties. The parties must pay all applicable juror fees and costs as directed by the commissioner.

      (b)  Voluntary participation in the short trial program.  Parties may stipulate to participation in the short trial program as follows:

             (1) Short trial in lieu of arbitration.  In all cases that would otherwise qualify for the court annexed arbitration program, the parties may stipulate to enter the short trial program in lieu of the court annexed arbitration program. A written stipulation, together with all applicable juror fees and costs, must be filed with the district court clerk and served on the commissioner before the conference required under N.A.R. 11. An untimely written stipulation may be filed provided that the parties certify that all arbitrator fees and costs have been paid.

             (2) Cases exempt from arbitration.  Cases exempt from the court annexed arbitration program may, by stipulation of all parties, be placed in the short trial program. A written stipulation, together with all applicable juror fees and costs, must be filed with the district court clerk and served on the commissioner. The parties must also provide written notice to the department of the district court to which the case is assigned.

      (c)  Juror fees and costs.  For purposes of this rule, costs and juror fees shall be calculated using a 4-member jury.

      (d)  Demand for jury trial.  Any party who desires a trial by jury of any issue triable of right by a jury must file and serve upon the other parties a demand therefore in writing, and deposit with the district court clerk all applicable juror fees, no later than the following deadlines:

             (1) Trial de novo cases.  The demand for jury trial and deposit of juror fees by the party who did not request the trial de novo and additional fees for a jury panel larger than four persons must be made not later than 10 days after service of the request for trial de novo.

             (2) Mediation cases.  The demand for jury trial and deposit of juror fees must be made no later than 10 days after service of the mediator’s report under N.M.R. 8.

             (3) Voluntary participation cases.  The demand for jury trial and deposit of juror fees must be made when the written stipulation is filed with the district court.

      (e)  Relief from waiver.  Notwithstanding the failure of a party to demand a jury in accordance with this rule, the presiding judge, upon motion, may order a trial by a jury of any or all issues.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 5.  Removal of cases subject to mandatory participation in the short trial program.

      (a)  Demand for removal; time for filing.  Any party may file with the district court clerk and serve on the other parties and the commissioner a written demand to remove the case from the short trial program. Unless the district in which the action is pending has adopted a local rule pursuant to NRCP 83 declaring otherwise, at the time a demand is filed as required by this rule, the party demanding removal of the case from the short trial program shall deposit with the clerk an amount equal to the fees to be paid the trial jurors for their services for the estimated length of the trial and court costs. If more than one party demands removal of the case from the short trial program, those parties shall be equally responsible for the jury fees and court costs upon filing the demand.

             (1) Trial de novo cases.  A demand to remove a trial de novo case from the short trial program must be filed and served no later than 10 days after service of the request for trial de novo. For good cause shown, an appropriate case may be removed from the short trial program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions.

             (2) Mediation cases.  A demand to remove an unsuccessful mediation case from the short trial program must be filed and served no later than 10 days after service of the mediator’s report under N.M.R. 8. For good cause shown, an appropriate case may be removed from the short trial program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions.

      (b)  Juror fees and costs.  For purposes of this rule, costs and juror fees shall be calculated using an 8-member jury and costs shall be estimated at $1,000 unless the parties stipulate to another amount.

      (c)  Waiver of removal.  A party’s opportunity to remove a case from the short trial program is waived if that party fails to timely file and serve a demand to remove the case or fails to deposit the fees and costs required by this rule.

      (d)  Procedure after removal.  After removal from the short trial program, the case shall proceed under the provisions of the Nevada Arbitration Rules governing trials de novo and the Nevada Rules of Civil Procedure.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

III.  PLEADINGS AND MOTIONS; DISCOVERY AND PRETRIAL PROCEDURE

      Rule 6.  Filing and service of documents.  Unless otherwise specified in these rules, all documents must be filed and served in accordance with the provisions of the Nevada Rules of Civil Procedure. Following trial, the presiding judge shall file all documents, jury instructions and evidence with the district court clerk.

[Added; effective January 1, 2005.]

      Rule 7.  Motions; rulings to be written and filed.  The presiding judge shall hear and decide all motions. All rulings issued by the presiding judge shall be in writing and filed with the district court clerk.

[Added; effective January 1, 2005.]

      Rule 8.  Mandatory discovery and settlement conference.  Within 30 days after the appointment of the presiding judge, the parties must meet with the presiding judge to confer, exchange documents, identify witnesses known to the parties which would otherwise be required pursuant to N.R.C.P. 16.1, to formulate a discovery plan, if necessary, and to discuss the possibility of settlement or the use of other alternative dispute resolution mechanisms. The extent to which discovery is allowed is in the discretion of the presiding judge. The presiding judge shall resolve all disputes relating to discovery.

[Added; effective January 1, 2005.]

      Rule 9.  Pretrial memorandum.  No later than 7 days before the pretrial conference under Rule 10, the parties shall prepare and serve on the presiding judge a joint pretrial memorandum. The joint pretrial memorandum shall contain:

(a) a brief statement of the nature of the claim(s) and defense(s);

(b) a complete list of witnesses, including rebuttal and impeachment witnesses, and a description of the substance of the testimony of each witness;

(c) a list of exhibits; and

(d) all other matters to be discussed at pretrial conference.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 10.  Pretrial conference.  No later than 10 days before the scheduled short trial date, the presiding judge shall hold a conference with the parties, in person or by telephone, to discuss all matters needing attention prior to the trial date. During the pretrial conference the presiding judge may rule on any motions or disputes including motions to exclude evidence, witnesses, jury instructions or other pretrial evidentiary matters.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 11.  Settlement before trial.  In the event a case settles before the scheduled short trial date, the parties must, no more than 2 working days after a settlement is reached, submit to the commissioner either a written stipulation and order of dismissal executed by the parties and/or their attorneys or a written statement signed by counsel confirming that the parties have reached a settlement. Violation of this rule shall subject the parties, their attorneys, or both, to sanctions by the commissioner.

[Added; effective January 1, 2005; amended effective April 7, 2008.]

IV.  TRIALS

      Rule 12.  Calendaring.  Unless otherwise stipulated to by the parties and approved by the presiding judge, or for good cause shown, a short trial shall be calendared, depending on courtroom availability, to commence not later than 120 days from the date that the presiding judge is assigned, and 240 days after the filing of a written stipulation for cases that are directly entered in the short trial program by stipulation of the parties under Rule 4(b).

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 13.  Continuances.  No request for the continuance of a trial scheduled in the short trial program may be granted except upon extraordinary circumstances. A motion for a continuance must be in writing and served on the presiding judge, must state the extraordinary circumstances and must otherwise comply with local rules. An order from the presiding judge granting a continuance of a case scheduled for trial in the short trial program must state the nature of the extraordinary circumstances and provide the commissioner with at least 3 dates within the ensuing 60 days when the parties can conduct the trial. The commissioner shall then calendar the case for trial on one of the specified dates.

[Added; effective January 1, 2005.]

      Rule 14.  Location of trial.  The local district court, through the chief judge, senior presiding judge or the court-designated administrator, shall provide courtroom space for said trials and the time and place for the same in coordination with the parties and the presiding judge.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 15.  Depositions, interrogatories and admissions.  Each party is permitted to quote directly from relevant depositions and video depositions, interrogatories, requests for admissions, or any other evidence as stipulated to by the parties.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 16.  Documentary evidence.  Subject to a timely objection pursuant to Rule 17, or as otherwise stipulated to by the parties, any and all reports, documents or other items that would be admitted upon testimony by a custodian of records or other originator such as wage loss records, auto repair estimate records, photographs, or any other such items as stipulated to, may be admitted into evidence without necessity of authentication or foundation by a live witness.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 17.  Evidentiary objections.  On the date the pretrial memorandum is due, the parties shall submit to the presiding judge all evidentiary objections to reports, documents or other items proposed to be utilized as evidence and presented to the jury or presiding judge at the time of trial. Unless an objection is based upon a reasonable belief about its authenticity, the presiding judge shall admit the report, document or other item into evidence without requiring authentication or foundation by a live witness.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 18.  Evidentiary booklets.  The parties shall create a joint evidentiary booklet that may include, but is not limited to, photographs, facts, diagrams, and other evidence to be presented. The booklet shall be submitted with the joint pretrial memorandum. Any evidentiary objections relating to the booklet shall be raised at the Rule 10 conference or shall be deemed waived.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 19.  Expert witnesses.

      (a)  Form of expert evidence.  The parties are not required to present oral testimony from experts and are encouraged to use written reports in lieu of oral testimony in court.

      (b)  Use of oral testimony; disclosure.  If a party elects to use oral testimony, that party must include the expert’s name on the witness list submitted with the pretrial memorandum under Rule 9.

      (c)  Use of written report; disclosure.  If a party elects to use a written report, that party shall provide a copy of the written report to the other parties no later than 30 days before the pretrial conference. Any written report intended solely to contradict or rebut another written report must be provided to the other parties no later than 15 days before the pretrial conference.

      (d)  Qualification of expert witness.  At the time of the pretrial conference, the parties shall file with the presiding judge and serve on each other any documents establishing an expert’s qualifications to testify as an expert on a given subject. There shall be no voir dire of an expert regarding that expert’s qualifications. The presiding judge may rule on any disputes regarding the qualifications of an expert during the pretrial conference under Rule 10.

      (e)  Cap on recovery for expert witness fees.  Recovery for expert witness fees is limited to $500 per expert unless the parties stipulate to a higher amount.

      (f)  Scope of rule.  For purposes of this rule, a treating physician is an expert witness.

[Added; effective January 1, 2005.]

      Rule 20.  Reporting of testimony.  There shall be no formal reporting of the proceedings unless paid for by the party or parties requesting the same.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 21.  Time limits for conduct of trial.  Plaintiff(s) and defendant(s) shall be allowed 3 hours each to present their respective cases unless a different time frame is stipulated to and approved by the presiding judge. Presentation includes opening statements, closing statements, presentation of evidence, examination and cross-examination of witnesses, and any other information to be presented to the jury or presiding judge, including rebuttal. Cross-examination of witnesses shall be attributed to the party cross-examining for calculation of time allowed. For the purposes of this Rule, all plaintiffs collectively shall be treated as one plaintiff, and all defendants collectively shall be treated as one defendant.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 22.  Size of jury.  The parties may stipulate to a jury of 4 or 6 members. For good cause shown to the presiding judge, a party may request a jury of 8 members. Should the parties fail to stipulate to a specific jury size, the jury shall be composed of 4 members.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 23.  Juror selection and voir dire.  Twelve potential jurors will be selected from the county jury pool for a jury of 4 members; 14 potential jurors will be selected for a jury of 6 members; and 16 potential jurors will be selected for a jury of 8 members. Each side shall be allowed 15 minutes of voir dire, which time shall not be deducted from the 3 hours of presentation time provided under Rule 21. At the discretion of the judge, the time for voir dire may be expanded to 20 minutes per side. Each side shall be entitled to strike 2 jurors by peremptory challenge. Challenges for cause will remain the same as provided by statute. In the event the resulting jury panel is greater than 4 members for a 4-member jury, the first 4 members called will constitute the jury panel. In the event the resulting jury panel is greater than 6 members for a 6-member jury, the first 6 members called will constitute the jury panel. In the event the resulting jury panel is greater than 8 members for an 8-member jury, the first 8 members called will constitute the jury panel.

[Added; effective July 6, 2000; amended effective April 7, 2008.]

      Rule 24.  Opening charge to jury.  The presiding judge shall advise the impaneled jury in the opening charge as follows:

A trial is a search for the truth using the rules of law. Therefore, the court will allow members of the jury to ask written questions of any witness called to testify in this case. You are not encouraged to ask questions because that is the responsibility of the attorneys. Nevertheless, if you believe that an important question has not been asked, or that an answer needs clarification, you may submit a question. Keep in mind that a witness scheduled to testify later in the trial may be the best person to answer that question.

A question may be asked in the following manner. Please write it down and pass the paper to the presiding judge. Copies will then immediately be made for counsel and the presiding judge. The presiding judge will privately confer with the attorneys at a convenient time and then decide if the question is appropriate under Nevada law.

If the question seeks factual information from the witness and is designed to clarify information about issues in this trial, the presiding judge or the attorneys may question the witness regarding the points raised in the juror question. No emphasis should be placed on the answer to the question merely because the question came from a juror.

If a question submitted by a juror is not asked, no adverse inference can be drawn. The question was simply not allowed under the Nevada Rules of Evidence and must be disregarded.

[Added; effective January 1, 2005.]

      Rule 25.  Jury instructions.  Standard jury instructions should be taken from the Nevada Pattern Civil Jury Instruction Booklet unless a particular instruction has been disapproved by the Nevada Supreme Court. Any proposed or agreed to additions to the jury instructions shall be included in the pretrial memorandum and ruled on by the presiding judge at the pretrial conference. All stipulated and proposed instructions must be presented to the presiding judge prior to trial under Rule 10. The presiding judge shall encourage limited jury instructions.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

V.  JUDGMENT

      Rule 26.  Entry of judgment.  Judgment shall be entered upon the short trial jury verdict form in a jury trial or upon a decision by the presiding judge in a trial to the bench, and the judgment, including any costs or attorney’s fees, shall be filed with the clerk. A decision of at least 3 of the 4 jurors is necessary to render a verdict for a 4-member jury, at least 5 of the 6 jurors for a 6-member jury, and at least 6 of the 8 jurors for an 8-member jury. A judgment arising out of the short trial program may not exceed $50,000 per plaintiff exclusive of attorney’s fees, costs and prejudgment interest, unless otherwise stipulated to by the parties. Jurors shall not be notified of this limitation. Where cases not subject to mandatory arbitration were brought into the short trial program, the parties may establish a different ceiling of recovery by stipulation.

[Added; effective July 6, 2000; amended effective March 14, 2007.]

      Rule 27.  Attorney’s fees, presiding judge’s fees and costs.

      (a)  Attorney’s fees, costs and interest for cases removed from the short trial program.  In cases removed from the short trial program pursuant to Rule 5, attorney’s fees, costs and interest shall be allowed as follows:

(1) The prevailing party at the trial following removal from the short trial program is entitled to all recoverable fees, costs, and interest pursuant to statute or N.R.C.P. 68.

(2) Exclusive of any award of fees and costs under subdivision (a)(1), a party is entitled to a separate award of reasonable attorney’s fees and costs as set forth in paragraphs (A) and (B) below. If both parties demanded removal from the short trial program, the provisions of N.A.R. 20(B)(2) apply in lieu of (A) and (B) below.

(A) Where the party who demanded removal from the short trial program fails to obtain a judgment that exceeds the arbitration award by at least 20 percent of the award, the nondemanding party is entitled to its reasonable attorney’s fees and costs associated with the proceedings following removal from the short trial program.

(B) Where the party who demanded removal from the short trial program fails to obtain a judgment that reduces by at least 20 percent the amount for which that party is liable under the arbitration award, the nondemanding party is entitled to its attorney’s fees and costs associated with the proceedings following removal from the short trial program.

      (b)  Attorney’s fees, presiding judge’s fees, costs and interest following short trial.  Attorney’s fees, presiding judge’s fees and costs shall be allowed following a short trial as follows:

(1) The prevailing party at the short trial is entitled to all recoverable fees, costs and interest pursuant to statute or N.R.C.P. 68.

(2) Exclusive of any award of fees and costs under subdivision (b)(1), a party is entitled to a separate award of fees and costs as set forth in N.A.R. 20(B)(2) in cases that enter the short trial program upon a request for trial de novo.

(3) The prevailing party at the short trial is also entitled to recover any fees and costs the party paid to the presiding judge.

(4) An award of fees under subsections (1) or (2) of this rule may not exceed a total of $3,000, unless the parties otherwise stipulate or the attorney’s compensation is governed by a written agreement between the parties allowing a greater award.

(5) Recovery of expert witness fees is limited to $500 per expert unless the parties stipulate to a higher amount.

[Added; effective July 6, 2000; amended effective August 17, 2009.]

      Rule 28.  Fees for presiding judge.

      (a)  Allowable fees.  Pro tempore judges shall be entitled to remuneration of $150 per hour, with a maximum per case of $1,500, unless otherwise stipulated.

      (b)  Itemized bill required.  To recover fees, the judge pro tempore must submit to the parties an itemized bill within 10 days of the verdict or judgment in a bench trial, or within 10 days of notice of removal of the case from the program by resolution or otherwise, whichever is earlier. The judge pro tempore shall indicate the advance deposits paid by the parties and adjust the amount requested accordingly.

      (c)  Payment.  The fees shall be paid equally by the parties unless otherwise stipulated. Any dispute regarding the requested fees must be filed within 5 days of the date that the judge pro tempore serves the itemized bill. The commissioner shall settle all disputes concerning the reasonableness or appropriateness of the fees. If a timely dispute to the itemized bill is not filed, the fees shall be paid within 10 days of the date that the judge pro tempore serves the itemized bill. If fees are disputed, the parties shall pay the costs as determined by the commissioner within 5 days from the commissioner’s decision.

      (d)  Exception for indigent party.  If one of the parties to the short trial is an indigent person who was exempted under NRS 12.015 from paying a filing fee, no fees for a short trial judge may be collected from any party to the short trial.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

      Rule 29.  Costs for presiding judge.

      (a)  Allowable costs.  Pro tempore judges are entitled to recover the costs, not to exceed $250, that the pro tempore judge reasonably incurs in presiding over an action within the short trial program. Costs recoverable by the pro tempore judge are limited to:

(1) Reasonable costs for facsimiles;

(2) Reasonable costs for photocopies;

(3) Reasonable costs for long distance telephone calls;

(4) Reasonable costs for postage;

(5) Reasonable costs for travel and lodging;

(6) Reasonable costs for secretarial services;

(7) Reasonable runner’s fees; and

(8) Reasonable e-filing fees.

      (b)  Itemized bill required.  To recover such costs, the presiding judge must submit to the parties an itemized bill of costs within 10 days of the verdict or judgment in a bench trial, or within 10 days of notice of removal of the case from the program by resolution or otherwise, whichever is earlier. The presiding judge shall indicate the advance deposits paid by the parties and adjust the amount requested accordingly.

      (c)  Disputes.  All disputes regarding the propriety of an item of costs must be filed with the commissioner within 5 days of the date that the presiding judge serves the bill reflecting the presiding judge’s costs. The commissioner shall settle all disputes concerning the reasonableness or appropriateness of the presiding judge’s costs. The parties shall pay the costs as determined by the commissioner within 5 days from the commissioner’s decision.

      (d)  Exception for indigent party.  If one of the parties to the short trial is an indigent person who was exempted under NRS 12.015 from paying a filing fee, the pro tempore judge may not collect costs from any party to the short trial.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 30.  Deposits; failure to pay.  Each party to a case within the short trial program shall deposit with the presiding judge, no later than 10 days after the mandatory discovery and settlement conference, $875 as an advance toward the presiding judge’s fees and costs, unless the presiding judge is a district judge, in which case no payment of judge’s costs or fees is required. If a party fails to pay the required advance, the district court shall, after giving appropriate notice and opportunity to be heard, hold the delinquent party in contempt and impose an appropriate sanction.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 31.  Allocation of fees and costs.

      (a)  Cases entered in short trial program by stipulation or following mediation.  For cases that are entered in the short trial program by stipulation of the parties or after unsuccessful participation in the mediation program, jurors fees, presiding judge’s fees and costs shall be borne equally by the parties subject to retaxation pursuant to Rule 27.

      (b)  Trial de novo cases.  For cases that enter the short trial program following the filing of a request for a trial de novo:

(1) Juror fees shall initially be borne by the party filing the request for trial de novo as provided in Rule 4(a)(1), subject to retaxation pursuant to Rule 27.

(2) Should the plaintiff requesting the trial de novo fail to obtain a judgment in the short trial program that exceeds the arbitration award, or should the defendant requesting the trial de novo fail to obtain a judgment that reduces the amount for which that party is liable under the arbitration award, all presiding judge’s fees and costs incurred while the case is in the short trial program shall become a taxable cost against and be paid by the party requesting the trial de novo. In comparing the arbitration award and the judgment, the presiding judge shall not include costs, presiding judge’s fees, attorney’s fees, and interest with respect to the amount of the award or judgment. If multiple parties are involved in the action, the presiding judge shall consider each party’s respective award and judgment in making the comparison between the arbitration award and the judgment.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

      Rule 32.  Binding short trial.  Parties to cases in the short trial program may agree at any time that the results of the short trial are binding. If the parties agree to be bound by the results of the short trial, the procedures set forth in these rules governing direct appeals to the supreme court will not apply to the case.

[Added; effective January 1, 2005.]

VI.  APPEALS

      Rule 33.  Direct appeal of final judgment.  Any party to a case within the short trial program shall have a right to file a direct appeal of the final judgment to the supreme court under the provisions of the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure. Any party who has failed to pay the presiding judge’s fees and/or costs in accordance with Rules 28 and 29 shall be deemed to have waived the right to appeal.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

VII.  GENERAL PROVISIONS

      Rule 34.  Support personnel.  Short trials shall not require a bailiff or court clerk, but, on the day of the trial, the court administrator or designated representative shall be responsible for providing the panel of jurors for a short jury trial.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 35.  Citations to rules.  These rules may be known and cited as the Nevada Short Trial Rules, or abbreviated N.S.T.R.

[Added; effective January 1, 2005.]

Nevada Arbitration Rules

Rule 1.  The court annexed arbitration program
Rule 2.  Intent of program and application of rules
Rule 3.  Matters subject to arbitration
Rule 4.  Relationship to district court jurisdiction and rules
Rule 5.  Exemptions from arbitration
(more…)

Nevada Rules of Civil Procedure

RULE 33.  INTERROGATORIES TO PARTIES

      (a) Availability.  Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2). Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(a).

      [As amended; effective January 1, 2005.]

      (b) Answers and Objections.

              (1) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party.

              (2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

             (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories. A short or longer time may be directed by the court or in the absence of such an order, agreed to in writing by the parties subject to Rule 29.

              (4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown.

              (5) The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

      [As amended; effective January 1, 2005.]

      (c) Scope; Use at Trial.  Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence.

       An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

      [As amended; effective January 1, 2005.]

      (d) Option to Produce Business Records.  Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 25.  Request for Admission Under Rule 36

       Plaintiff A. B. requests defendant C. D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:

       1.  That each of the following documents, exhibited with this request, is genuine.

       (Here list the documents and describe each document.)

       2.  That each of the following statements is true.

       (Here list the statements.)

                                                                   Signed: _____________________________

                                                                         Attorney for Plaintiff

                                                                Address: _____________________________

Nevada Rules of Civil Procedure

Form 20.  Answer Presenting Defenses Under Rule 12(b)

First Defense

      The complaint fails to state a claim against defendant upon which relief can be granted.

Second Defense

      If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party.

Third Defense

      Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

Fourth Defense

      The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.

Counterclaim

      (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

Cross-Claim Against Defendant M. N.

      (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)

      NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.

      The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action.

      The third defense is an answer on the merits.

      The fourth defense is one of the affirmative defenses provided for in Rule 8(c).

      The answer also includes a counterclaim and a cross-claim.

      Rule 11.  Confidentiality; immunity of mediators.

      (A)  Each party involved in a mediation proceeding pursuant to these rules has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during the proceeding. All oral or written communications in a mediation proceeding, other than an executed settlement agreement, shall be confidential and inadmissible as evidence in any subsequent legal proceeding, unless all parties agree otherwise.

      (B)  Mediators in the program shall be afforded the statutory immunity provided by NRS 48.109 and also shall be afforded the same statutory immunity as arbitrators pursuant to NRS 38.229 and 38.253.

      [Added; effective March 1, 2005.]

      Rule 10.  Fees and costs for mediators.

      (A)  Mediators shall be entitled to remuneration of up to $1,000 per case, unless otherwise authorized by the commissioner for good cause shown.

      (B)  Mediators are entitled to recover the costs, not to exceed $250, that the mediator reasonably incurs. Costs recoverable by the mediator are limited to:

             (1) Reasonable costs for facsimiles;

             (2) Reasonable costs for photocopies;

             (3) Reasonable costs for long distance telephone calls;

             (4) Reasonable costs for postage;

             (5) Reasonable costs for travel and lodging; and

             (6) Reasonable costs for secretarial services.

      (C)  Fees and costs of the mediator are paid equally by the parties unless otherwise stipulated.

      (D)  If required by the mediator, each party to a case within the program shall deposit with the mediator, within 15 days of request by the mediator, a sum of up to $250 as an advance toward the mediator’s fees and costs. If any party fails to pay their portion of the mediator’s fees and costs within the time prescribed in this subsection, the district court shall, after giving appropriate notice and opportunity to be heard, enter a judgment and a writ of execution against the delinquent party for the amount owed by the party to the mediator, together with any fees and costs incurred by the mediator in the collection of the fees and costs.

      (E)  If one of the parties to the mediation is an indigent person who was exempted under NRS 12.015 from paying a filing fee, the mediator may not collect a fee or costs from any party to the mediation.

      [Added; effective March 1, 2005.]

      Rule 9.  Matters not resolved in mediation.All matters not resolved in the program shall forthwith enter the short trial program set forth in the Nevada Short Trial Rules.

      [Added; effective March 1, 2005.]

      Rule 8.  Report to the commissioner.Within 5 days after the conclusion of the mediation proceedings, the mediator shall file with the commissioner and serve copies on the attorneys of record and on any unrepresented parties, a report advising whether the matter was resolved, an impasse has been declared, or that no agreement was reached, or that the matter has been continued, and whether all requisite parties with authority to resolve the matter were present. The report will be similar to the settlement conference report submitted by settlement judges in the appellate settlement program under NRAP 16(g), and shall not disclose any matters discussed at the mediation proceedings.

      [Added; effective March 1, 2005.]

     Rule 7.  Conduct of the mediation proceeding.  The mediator shall have complete discretion over the conduct of the proceeding. The parties present at mediation must have authority to resolve the matter.

      [Added; effective March 1, 2005.]

      Rule 6.  Scheduling of mediation proceedings.All mediation proceedings shall take place no later than 60 days from the date of the mediator’s appointment.

      [Added; effective March 1, 2005.]

      Rule 5.  Stipulations and other documents.  During the course of mediation proceedings commenced under these rules, no documents may be filed with the district court. All stipulations and other documents relevant to the mediation proceeding must be lodged with the mediator.

      [Added; effective March 1, 2005.]

      Rule 4.  Qualifications of mediators.

      (A)  Each commissioner shall create and maintain a panel of mediators consisting of attorneys licensed to practice law in Nevada and a separate panel of non-attorney mediators.

      (B)  Mediators must have the equivalent of at least 10 years of civil experience as a practicing attorney or judge or must have the equivalent of at least 5 years’ experience as a mediator or must be a senior judge or justice.

      (C)  The panel of mediators shall be selected by a committee composed of the Chief Judge or the Chief Judge’s designee, the commissioner and a representative of the Alternative Dispute Resolution (ADR) Committee of the State Bar of Nevada.

      (D)  Each mediator who desires to remain on the panel shall fulfill at least 3 hours of accredited continuing educational activity in mediation annually and provide proof thereof to the commissioner. Failure to do so may constitute grounds for temporary suspension or removal from the panel.

      [Added; effective March 1, 2005.]

      Rule 3.  Assignment to mediator.

      (A)  Parties may stipulate to use a private mediator who is not on the panel of mediators assigned to the program, or who is on the panel but who has agreed to serve on a private basis. The private mediator must possess the qualifications as stated in Rule 4 and must present a résumé demonstrating said qualifications to the commissioner prior to serving as mediator. Such stipulation must be made and filed with the commissioner no later than the date set for the return of the mediator selection list. The stipulation must include an affidavit that is signed and verified by the mediator expressing his or her willingness to comply with the timetables set forth in these rules. Failure to file a timely stipulation shall not preclude the use of a private mediator, but may subject the dilatory parties to sanctions by the commissioner.

      (B)  Any and all fees or expenses related to the use of a private mediator shall be borne by the parties equally.

      (C)  Unless the parties have stipulated to a mediator pursuant to subdivision (A), the commissioner shall serve the two adverse appearing parties with identical lists of 3 mediators selected at random from the panel of mediators assigned to the program.

             (1) Thereafter the parties shall, within 10 days, file with the commissioner either a private mediator stipulation and affidavit or each party shall file the selection list with no more than one name stricken.

             (2) If both parties respond, the commissioner shall appoint a mediator from among those names not stricken.

             (3) If only one party responds within the 10-day period, the commissioner shall appoint a mediator from among those names not stricken.

             (4) If neither party responds within the 10-day period, the commissioner shall appoint one of the 3 mediators.

             (5) If there are more than 2 adverse parties, one additional mediator per each additional party shall be added to the list with the above method of selection and service to apply. For purposes of this rule, if several parties are represented by one attorney, they shall be considered as one party.

      (D)  If the selection process outlined above fails for any reason, including a recusal by the mediator, the commissioner shall repeat the process set forth in subdivision (C) of this rule to select an alternate mediator.

      [Added; effective March 1, 2005.]

      Rule 2.  Matters entering the mediation program.  Any matter that is otherwise subject to the Court Annexed Arbitration Program may be voluntarily placed into the Mediation Program. Participation in the Mediation Program shall be by mutual consent of the parties pursuant to written stipulation. The stipulation must be filed with the commissioner within 15 days after the filing of an answer by the first answering defendant. For good cause shown, an appropriate case may be placed into the program upon the filing of an untimely stipulation; however, such filing may subject the parties to sanctions by the commissioner.

      [Added; effective March 1, 2005.]

      Rule 1.  The court annexed mediation program.

      (A)  The Court Annexed Mediation Program (the program) is an alternative to the Court Annexed Arbitration Program and is intended to provide parties a prompt, equitable and inexpensive method of dispute resolution for matters otherwise mandated into the arbitration program.

      (B)  These rules may be known and cited as the Nevada Mediation Rules, or abbreviated N.M.R.

      [Added; effective March 1, 2005.]

CHAPTER 38 – MEDIATION AND ARBITRATION

UNIFORM ARBITRATION ACT OF 2000

NRS 38.206             Short title.
NRS 38.207             Definitions.
NRS 38.208             “Arbitral organization” defined.
NRS 38.209             “Arbitrator” defined.
NRS 38.211             “Court” defined.
NRS 38.212             “Knowledge” defined.
NRS 38.213             “Record” defined.
NRS 38.214             Notice.
NRS 38.216             Applicability.
NRS 38.217             Waiver of requirements or variance of effects of requirements; exceptions.
NRS 38.218             Application for judicial relief; service of notice of initial motion.
NRS 38.219             Validity of agreement to arbitrate.
NRS 38.221             Motion to compel or stay arbitration.
NRS 38.222             Provisional remedies.
NRS 38.223             Initiation of arbitration.
NRS 38.224             Consolidation of separate arbitral proceedings.
NRS 38.226             Appointment of arbitrator; service as neutral arbitrator.
NRS 38.227             Disclosure of known facts likely to affect impartiality of arbitrator; objection of party based on disclosure; effect of failure to make required disclosure.
NRS 38.228             Action by majority.
NRS 38.229             Immunity of arbitrator; competency to testify; attorney’s fees and costs.
NRS 38.231             Arbitration process.
NRS 38.232             Representation by lawyer.
NRS 38.233             Witnesses; subpoenas; depositions; discovery.
NRS 38.234             Judicial enforcement of preaward ruling by arbitrator.
NRS 38.236             Award.
NRS 38.237             Change of award by arbitrator.
NRS 38.238             Remedies; fees and expenses of arbitration proceeding.
NRS 38.239             Confirmation of award.
NRS 38.241             Vacating award.
NRS 38.242             Modification or correction of award.
NRS 38.243             Judgment on award; attorney’s fees and litigation expenses.
NRS 38.244             Jurisdiction.
NRS 38.246             Venue.
NRS 38.247             Appeals.
NRS 38.248             Uniformity of application and construction.

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS

NRS 38.250             Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes.
NRS 38.253             Adoption of rules by Supreme Court; training; administration by district courts; fees; arbitrator deemed employee of court for certain purposes.
NRS 38.255             Guidelines for establishment of programs for arbitration.
NRS 38.258             Use of other alternative methods of resolving disputes; adoption of rules by Supreme Court.
NRS 38.259             Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.

MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIAL PROPERTY WITHIN COMMON-INTEREST COMMUNITY

NRS 38.300             Definitions.
NRS 38.310             Limitations on commencement of certain civil actions.
NRS 38.320             Submission of claim for mediation or referral to program of dispute resolution; contents of claim; fees; service of claim; written answer.
NRS 38.325             Program of dispute resolution: Authority of Division to establish; procedure for claim referred to program.
NRS 38.330             Procedure for mediation or arbitration of claim; payment of costs and fees upon failure to obtain a more favorable award or judgment in court.
NRS 38.340             Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document.
NRS 38.350             Statute of limitations tolled.
NRS 38.360             Administration of provisions by Division; regulations; fees.

COLLABORATIVE LAW (UNIFORM ACT)

NRS 38.400             Short title.
NRS 38.405             Definitions.
NRS 38.410             “Collaborative law communication” defined.
NRS 38.415             “Collaborative law participation agreement” defined.
NRS 38.420             “Collaborative law process” defined.
NRS 38.425             “Collaborative lawyer” defined.
NRS 38.430             “Collaborative matter” defined.
NRS 38.435             “Law firm” defined.
NRS 38.440             “Nonparty participant” defined.
NRS 38.445             “Party” defined.
NRS 38.450             “Person” defined.
NRS 38.455             “Proceeding” defined.
NRS 38.460             “Prospective party” defined.
NRS 38.465             “Record” defined.
NRS 38.470             “Related to a collaborative matter” defined.
NRS 38.475             “Sign” defined.
NRS 38.480             “Tribunal” defined.
NRS 38.485             Requirements for collaborative law participation agreement; additional provisions authorized.
NRS 38.490             Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer.
NRS 38.495             Participation agreement by persons in proceeding pending before tribunal; notice of conclusion; status report; effect of participation on proceeding.
NRS 38.500             Emergency order.
NRS 38.505             Approval of agreement by tribunal.
NRS 38.510             Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings.
NRS 38.515             Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties.
NRS 38.520             Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity.
NRS 38.525             Disclosure of information during process.
NRS 38.530             Obligations and standards of professional responsibility and mandatory reporting not affected.
NRS 38.535             Required assessment and disclosures regarding process by prospective collaborative lawyer.
NRS 38.540             Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties.
NRS 38.545             Confidentiality of collaborative law communication.
NRS 38.550             Privilege against disclosure of collaborative law communication; admissibility; discovery.
NRS 38.555             Waiver and preclusion of privilege.
NRS 38.560             Limits of privilege.
NRS 38.565             Authority of tribunal in case of noncompliance.
NRS 38.570             Applying and construing Uniform Act to promote uniformity.
NRS 38.575             Relation to Electronic Signatures in Global and National Commerce Act.
_________

UNIFORM ARBITRATION ACT OF 2000

      NRS 38.206  Short title.  NRS 38.206 to 38.248, inclusive, may be cited as the Uniform Arbitration Act of 2000.

(Added to NRS by 2001, 1274)

      NRS 38.207  Definitions.  As used in NRS 38.206 to 38.248, inclusive, the words and terms defined in NRS 38.208 to 38.213, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1274)

      NRS 38.208  “Arbitral organization” defined.  “Arbitral organization” means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitral proceeding or is involved in the appointment of an arbitrator.

(Added to NRS by 2001, 1274)

      NRS 38.209  “Arbitrator” defined.  “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

(Added to NRS by 2001, 1274)

      NRS 38.211  “Court” defined.  “Court” means the district court.

(Added to NRS by 2001, 1274)

      NRS 38.212  “Knowledge” defined.  “Knowledge” means actual knowledge.

(Added to NRS by 2001, 1274)

      NRS 38.213  “Record” defined.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(Added to NRS by 2001, 1274)

      NRS 38.214  Notice.

1.  Except as otherwise provided in NRS 38.206 to 38.248, inclusive, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

2.  A person has notice if the person has knowledge of the notice or has received notice.

3.  A person receives notice when it comes to the person’s attention or the notice is delivered at the person’s place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

(Added to NRS by 2001, 1274)

      NRS 38.216  Applicability.

1.  NRS 38.206 to 38.248, inclusive, govern an agreement to arbitrate made on or after October 1, 2001.

2.  NRS 38.206 to 38.248, inclusive, govern an agreement to arbitrate made before October 1, 2001, if all the parties to the agreement or to the arbitral proceeding so agree in a record.

3.  On or after October 1, 2003, NRS 38.206 to 38.248, inclusive, govern an agreement to arbitrate whenever made.

(Added to NRS by 2001, 1275)

      NRS 38.217  Waiver of requirements or variance of effects of requirements; exceptions.

1.  Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of NRS 38.206 to 38.248, inclusive, to the extent permitted by law.

2.  Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(a) Waive or agree to vary the effect of the requirements of subsection 1 of NRS 38.218, subsection 1 of NRS 38.219NRS 38.222, subsection 1 or 2 of NRS 38.233NRS 38.244 or 38.247;

(b) Agree to unreasonably restrict the right under NRS 38.223 to notice of the initiation of an arbitral proceeding;

(c) Agree to unreasonably restrict the right under NRS 38.227 to disclosure of any facts by a neutral arbitrator; or

(d) Waive the right under NRS 38.232 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under NRS 38.206 to 38.248, inclusive, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

3.  A party to an agreement to arbitrate or arbitral proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection 1 or 3 of NRS 38.216NRS 38.22138.22938.234, subsection 3 or 4 of NRS 38.237NRS 38.23938.24138.242, subsection 1 or 2 of NRS 38.243NRS 38.248 or 38.330.

(Added to NRS by 2001, 1275; A 2003, 3542)

      NRS 38.218  Application for judicial relief; service of notice of initial motion.

1.  Except as otherwise provided in NRS 38.247, an application for judicial relief under NRS 38.206 to 38.248, inclusive, must be made by motion to the court and heard in the manner provided by rule of court for making and hearing motions.

2.  Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under NRS 38.206 to 38.248, inclusive, must be served in the manner provided by rule of court for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by rule of court for serving motions in pending cases.

(Added to NRS by 2001, 1275)

      NRS 38.219  Validity of agreement to arbitrate.

1.  An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except as otherwise provided in NRS 597.995 or upon a ground that exists at law or in equity for the revocation of a contract.

2.  The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

3.  An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

4.  If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitral proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

(Added to NRS by 2001, 1275; A 2013, 568)

      NRS 38.221  Motion to compel or stay arbitration.

1.  On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:

(a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

2.  On motion of a person alleging that an arbitral proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

3.  If the court finds that there is no enforceable agreement, it may not, pursuant to subsection 1 or 2, order the parties to arbitrate.

4.  The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

5.  If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in NRS 38.246.

6.  If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

7.  If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

(Added to NRS by 2001, 1276)

      NRS 38.222  Provisional remedies.

1.  Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitral proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitral proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

2.  After an arbitrator is appointed and is authorized and able to act:

(a) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitral proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(b) A party to an arbitral proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

3.  A party does not waive a right of arbitration by making a motion under subsection 1 or 2.

(Added to NRS by 2001, 1276)

      NRS 38.223  Initiation of arbitration.

1.  A person initiates an arbitral proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.

2.  Unless a person objects for lack or insufficiency of notice under subsection 3 of NRS 38.231 not later than the beginning of the arbitration hearing, by appearing at the hearing the person waives any objection to lack of or insufficiency of notice.

(Added to NRS by 2001, 1277)

      NRS 38.224  Consolidation of separate arbitral proceedings.

1.  Except as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitral proceeding, the court may order consolidation of separate arbitral proceedings as to all or some of the claims if:

(a) There are separate agreements to arbitrate or separate arbitral proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitral proceeding with a third person;

(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitral proceedings; and

(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

2.  The court may order consolidation of separate arbitral proceedings as to some claims and allow other claims to be resolved in separate arbitral proceedings.

3.  The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

4.  Except as otherwise provided in this subsection, an arbitrator may not consolidate separate arbitral proceedings or other claims unless all parties expressly agree to the consolidation. This subsection does not apply to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.

(Added to NRS by 2001, 1277; A 2015, 1978)

      NRS 38.226  Appointment of arbitrator; service as neutral arbitrator.

1.  If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitral proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

2.  An individual who has a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

(Added to NRS by 2001, 1277)

      NRS 38.227  Disclosure of known facts likely to affect impartiality of arbitrator; objection of party based on disclosure; effect of failure to make required disclosure.

1.  Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding, including:

(a) A financial or personal interest in the outcome of the arbitral proceeding; and

(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitral proceeding, their counsel or representatives, a witness or another arbitrator.

2.  An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.

3.  If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph (b) of subsection 1 of NRS 38.241 for vacating an award made by the arbitrator.

4.  Except as otherwise provided in this subsection, if the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely objection by a party and a determination by the court under paragraph (b) of subsection 1 of NRS 38.241 that the nondisclosed fact is one that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitral proceeding, the court shall:

(a) Vacate an award made before the objecting party discovered such fact; or

(b) If an award has not been made before discovery of such fact, remove the arbitrator from the arbitral proceeding.

Ê This subsection does not apply to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.

5.  An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality for the purposes of paragraph (b) of subsection 1 of NRS 38.241.

6.  If the parties to an arbitral proceeding expressly agree to the procedures of an arbitral organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under paragraph (b) of subsection 1 of NRS 38.241.

(Added to NRS by 2001, 1277; A 2015, 1979)

      NRS 38.228  Action by majority.  If there are two or more arbitrators, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under subsection 3 of NRS 38.231.

(Added to NRS by 2001, 1278)

      NRS 38.229  Immunity of arbitrator; competency to testify; attorney’s fees and costs.

1.  An arbitrator or an arbitral organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity.

2.  The immunity afforded by this section supplements any immunity under other law.

3.  The failure of an arbitrator to make a disclosure required by NRS 38.227 does not cause any loss of immunity under this section.

4.  In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitral organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitral proceeding, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply:

(a) To the extent necessary to determine the claim of an arbitrator, arbitral organization or representative of the arbitral organization against a party to the arbitral proceeding; or

(b) To a hearing on a motion to vacate an award under paragraph (a) or (b) of subsection 1 of NRS 38.241 if the movant establishes prima facie that a ground for vacating the award exists.

5.  If a person commences a civil action against an arbitrator, arbitral organization or representative of an arbitral organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitral organization to testify or produce records in violation of subsection 4, and the court decides that the arbitrator, arbitral organization or representative is immune from civil liability or that the arbitrator or representative is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney’s fees and other reasonable expenses of litigation.

(Added to NRS by 2001, 1278)

      NRS 38.231  Arbitration process.

1.  An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitral proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

2.  An arbitrator may decide a request for summary disposition of a claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one party to the arbitral proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

3.  If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than 5 days before the hearing begins. Unless a party to the arbitral proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives the objection. Upon request of a party to the arbitral proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitral proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitral proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

4.  At a hearing held under subsection 3, a party to the arbitral proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

5.  If an arbitrator ceases or is unable to act during an arbitral proceeding, a replacement arbitrator must be appointed in accordance with NRS 38.226 to continue the proceeding and to resolve the controversy.

(Added to NRS by 2001, 1279)

      NRS 38.232  Representation by lawyer.  A party to an arbitral proceeding may be represented by a lawyer.

(Added to NRS by 2001, 1279)

      NRS 38.233  Witnesses; subpoenas; depositions; discovery.

1.  An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

2.  To make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitral proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

3.  An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitral proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.

4.  If an arbitrator permits discovery under subsection 3, the arbitrator may order a party to the arbitral proceeding to comply with the arbitrator’s orders related to discovery, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a proceeding for discovery, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State.

5.  An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this State.

6.  All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a proceeding for discovery as a witness apply to an arbitral proceeding as if the controversy were the subject of a civil action in this State.

7.  The court may enforce a subpoena or order related to discovery for the attendance of a witness within this State and for the production of records and other evidence issued by an arbitrator in connection with an arbitral proceeding in another state upon conditions determined by the court so as to make the arbitral proceeding fair, expeditious and cost effective. A subpoena or order related to discovery issued by an arbitrator in another state must be served in the manner provided by rule of court for service of subpoenas in a civil action in this State and, upon motion to the court by a party to the arbitral proceeding or the arbitrator, enforced in the manner provided by rule of court for enforcement of subpoenas in a civil action in this State.

(Added to NRS by 2001, 1279)

      NRS 38.234  Judicial enforcement of preaward ruling by arbitrator.  If an arbitrator makes a preaward ruling in favor of a party to an arbitral proceeding, the party may request the arbitrator to incorporate the ruling into an award under NRS 38.236. A prevailing party may make a motion to the court for an expedited order to confirm the award under NRS 38.239, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under NRS 38.241 or 38.242.

(Added to NRS by 2001, 1280)

      NRS 38.236  Award.

1.  An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitral organization shall give notice of the award, including a copy of the award, to each party to the arbitral proceeding.

2.  An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitral proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.

(Added to NRS by 2001, 1280)

      NRS 38.237  Change of award by arbitrator.

1.  On motion to an arbitrator by a party to an arbitral proceeding, the arbitrator may modify or correct an award:

(a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of NRS 38.242;

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitral proceeding; or

(c) To clarify the award.

2.  A motion under subsection 1 must be made and notice given to all parties within 20 days after the movant receives notice of the award.

3.  A party to the arbitral proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.

4.  If a motion to the court is pending under NRS 38.23938.241 or 38.242, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of NRS 38.242;

(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitral proceeding; or

(c) To clarify the award.

5.  An award modified or corrected pursuant to this section is subject to subsection 1 of NRS 38.236 and to NRS 38.23938.241 and 38.242.

(Added to NRS by 2001, 1281)

      NRS 38.238  Remedies; fees and expenses of arbitration proceeding.

1.  An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitral proceeding.

2.  As to all remedies other than those authorized by subsection 1, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitral proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under NRS 38.239 or for vacating an award under NRS 38.241.

3.  An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(Added to NRS by 2001, 1281)

      NRS 38.239  Confirmation of award.  After a party to an arbitral proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to NRS 38.237 or 38.242 or is vacated pursuant to NRS 38.241.

(Added to NRS by 2001, 1281)

      NRS 38.241  Vacating award.

1.  Upon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if:

(a) The award was procured by corruption, fraud or other undue means;

(b) There was:

(1) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(2) Corruption by an arbitrator; or

(3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitral proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantially the rights of a party to the arbitral proceeding;

(d) An arbitrator exceeded his or her powers;

(e) There was no agreement to arbitrate, unless the movant participated in the arbitral proceeding without raising the objection under subsection 3 of NRS 38.231 not later than the beginning of the arbitral hearing; or

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially the rights of a party to the arbitral proceeding.

2.  A motion under this section must be made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, unless the movant alleges that the award was procured by evident partiality, corruption, fraud or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.

3.  If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection 1, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection 1, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing may be before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection 2 of NRS 38.236 for an award.

4.  If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

(Added to NRS by 2001, 1281; A 2015, 1980)

      NRS 38.242  Modification or correction of award.

1.  Upon motion made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, the court shall modify or correct the award if:

(a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

(b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

2.  If a motion made under subsection 1 is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

3.  A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.

(Added to NRS by 2001, 1282)

      NRS 38.243  Judgment on award; attorney’s fees and litigation expenses.

1.  Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.

2.  A court may allow reasonable costs of the motion and subsequent judicial proceedings.

3.  On application of a prevailing party to a contested judicial proceeding under NRS 38.23938.241 or 38.242, the court may add reasonable attorney’s fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award.

(Added to NRS by 2001, 1282)

      NRS 38.244  Jurisdiction.

1.  A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

2.  An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under NRS 38.206 to 38.248, inclusive.

(Added to NRS by 2001, 1283)

      NRS 38.246  Venue.  A motion pursuant to NRS 38.218 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this State, in the court of any county in this State. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.

(Added to NRS by 2001, 1283)

      NRS 38.247  Appeals.

1.  An appeal may be taken from:

(a) An order denying a motion to compel arbitration;

(b) An order granting a motion to stay arbitration;

(c) An order confirming or denying confirmation of an award;

(d) An order modifying or correcting an award;

(e) An order vacating an award without directing a rehearing; or

(f) A final judgment entered pursuant to NRS 38.206 to 38.248, inclusive.

2.  An appeal under this section must be taken as from an order or a judgment in a civil action.

(Added to NRS by 2001, 1283)

      NRS 38.248  Uniformity of application and construction.  In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(Added to NRS by 2001, 1283)

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS

      NRS 38.250  Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes.

1.  Except as otherwise provided in NRS 38.310:

(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a short trial.

(b) A civil action for damages filed in justice court may be submitted to binding arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference or mediation, if the parties agree to the submission.

2.  An agreement entered into pursuant to this section must be:

(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;

(b) In writing; and

(c) Entered into knowingly and voluntarily.

Ê An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.

3.  As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than eight persons and a specified limit on the amount of time each party may use to present the party’s case.

(Added to NRS by 1991, 1343; A 1993, 55610241995, 1419253725381999, 85213792003, 8512005, 391)

      NRS 38.253  Adoption of rules by Supreme Court; training; administration by district courts; fees; arbitrator deemed employee of court for certain purposes.

1.  The Supreme Court shall adopt rules to provide for the establishment of a program of arbitration pursuant to NRS 38.250.

2.  The Supreme Court, in association with the State Bar of Nevada or other organizations, shall provide training in arbitration for attorneys and nonattorneys.

3.  The district courts in each judicial district shall administer the program in their respective districts in accordance with the rules adopted by Supreme Court.

4.  The Supreme Court may:

(a) Charge each person who applies for training as an arbitrator an application fee.

(b) Charge a fee to cover the cost of the training programs.

5.  For the purposes of NRS 41.0305 to 41.039, inclusive, a person serving as an arbitrator shall be deemed an employee of the court while in the performance of the person’s duties under the program.

(Added to NRS by 1991, 1343; A 1993, 1024)

      NRS 38.255  Guidelines for establishment of programs for arbitration.

1.  The rules adopted by the Supreme Court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:

(a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.

(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs.

(c) Voluntary program for the use of binding arbitration in all civil actions.

2.  The rules must provide that the district court of any judicial district whose population is 100,000 or more:

(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.

(b) May set fees and charge parties for arbitration if the amount in issue exceeds $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs.

Ê The rules may provide for similar programs for the other judicial districts.

3.  The rules must exclude the following from any program of mandatory arbitration:

(a) Actions in which the amount in issue, excluding attorney’s fees, interest and court costs, is more than $50,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;

(b) Class actions;

(c) Actions in equity;

(d) Actions concerning the title to real estate;

(e) Probate actions;

(f) Appeals from courts of limited jurisdiction;

(g) Actions for declaratory relief;

(h) Actions involving divorce or problems of domestic relations;

(i) Actions brought for relief based on any extraordinary writs;

(j) Actions for the judicial review of an administrative decision;

(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action or pursuant to rules adopted by the Supreme Court, have submitted the controversy to arbitration or any other alternative method for resolving a dispute;

(l) Actions that present unusual circumstances that constitute good cause for removal from the program;

(m) Actions in which any of the parties is incarcerated; and

(n) Actions submitted to mediation pursuant to rules adopted by the Supreme Court.

4.  The rules must include:

(a) Provisions for the payment of fees to an arbitrator who is appointed to hear a case pursuant to the rules. The rules must provide that an arbitrator must be compensated at a rate of $100 per hour, to a maximum of $1,000 per case, unless otherwise authorized by the arbitration commissioner for good cause shown.

(b) Guidelines for the award of attorney’s fees and maximum limitations on the costs to the parties of the arbitration.

(c) Disincentives to appeal.

(d) Provisions for trial upon the exercise by either party of the party’s right to a trial anew after the arbitration.

(Added to NRS by 1983, 1232; A 1991, 13441995, 25372001, 5422005, 3922015, 2760)

      NRS 38.258  Use of other alternative methods of resolving disputes; adoption of rules by Supreme Court.

1.  The Supreme Court may authorize the use of settlement conferences and other alternative methods of resolving disputes, including, without limitation, mediation and a short trial, that are available in the county in which a district court is located:

(a) In lieu of submitting an action to nonbinding arbitration pursuant to NRS 38.250; or

(b) During or following such nonbinding arbitration if the parties agree that the use of any such alternative methods of resolving disputes would assist in the resolution of the dispute.

2.  If the Supreme Court authorizes the use of an alternative method of resolving disputes pursuant to subsection 1, the Supreme Court shall adopt rules and procedures to govern the use of any such method.

3.  As used in this section, “short trial” has the meaning ascribed to it in NRS 38.250.

(Added to NRS by 1991, 1344; A 1999, 13802005, 393)

      NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.

1.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions of law, make written findings in accordance with this subsection concerning each cause of action. The written findings must be in substantially the following form, with “panel of arbitrators” being substituted for “arbitrator” when appropriate:

 

Based upon the evidence presented at the arbitration hearing concerning the cause of action for ……………., the arbitrator finds in favor of …………….(name of the party) and …………….(“awards damages in the amount of $…………….” or “does not award any damages on that cause of action”).

 

2.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, and, after arbitration, a party requests a trial anew before a jury:

(a) The written findings made by the arbitrator or the panel of arbitrators pursuant to subsection 1 must be admitted at trial. The testimony of the arbitrator or arbitrators, whenever taken, must not be admitted at trial, and the arbitrator or arbitrators must not be deposed or called to testify concerning the arbitration. Any other evidence concerning the arbitration must not be admitted at trial, unless the admission of such evidence is required by the Constitution of this State or the Constitution of the United States.

(b) The court shall give the following instruction to the jury concerning the action, substituting “panel of arbitrators” for “arbitrator” when appropriate:

 

During the course of this trial, certain evidence was admitted concerning the findings of an arbitrator. On the cause of action for ……………., the arbitrator found in favor of …………….(name of the party) and …………….(“awarded damages in the amount of $…………….” or “did not award any damages on that cause of action”). The findings of the arbitrator may be given the same weight as other evidence or may be disregarded. However, you must not give those findings undue weight because they were made by an arbitrator, and you must not use the findings of the arbitrator as a substitute for your independent judgment. You must weigh all the evidence that was presented at trial and arrive at a conclusion based upon your own determination of the cause of action.

 

3.  The court shall give a separate instruction pursuant to paragraph (b) of subsection 2 for each such cause of action that is tried before a jury.

(Added to NRS by 1999, 851)

MEDIATION AND ARBITRATION OF CLAIMS RELATING TO RESIDENTIAL PROPERTY WITHIN COMMON-INTEREST COMMUNITY

      NRS 38.300  Definitions.  As used in NRS 38.300 to 38.360, inclusive, unless the context otherwise requires:

1.  “Assessments” means:

(a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and

(b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.

2.  “Association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

3.  “Civil action” includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.

4.  “Division” means the Real Estate Division of the Department of Business and Industry.

5.  “Program” means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:

(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.

6.  “Residential property” includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.

(Added to NRS by 1995, 1416; A 2003, 225122742007, 22772013, 2295)

      NRS 38.310  Limitations on commencement of certain civil actions.

1.  No civil action based upon a claim relating to:

(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

Ê may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

(Added to NRS by 1995, 1417; A 1997, 5262007, 22782013, 2296)

      NRS 38.320  Submission of claim for mediation or referral to program of dispute resolution; contents of claim; fees; service of claim; written answer.

1.  Any civil action described in NRS 38.310 must be submitted to mediation or referred to a program by filing a written claim with the Division. The claim must include:

(a) The complete names, addresses and telephone numbers of all parties to the claim;

(b) A specific statement of the nature of the claim;

(c) A statement of whether the person wishes to have the claim referred to a program; and

(d) Such other information as the Division may require.

2.  The written claim must be accompanied by a filing fee of $50.

3.  Upon the filing of the written claim, the claimant shall serve a copy of the claim in the manner prescribed in Rule 4 of the Nevada Rules of Civil Procedure for the service of a summons and complaint. The claim so served must be accompanied by a statement explaining the procedures for mediation and for a program set forth in NRS 38.300 to 38.360, inclusive.

4.  Upon being served pursuant to subsection 3, the person upon whom a copy of the written claim was served shall, within 30 days after the date of service, file a written answer with the Division, which must include a statement of whether the person wishes to have the claim referred to a program. The answer must be accompanied by a filing fee of $50.

(Added to NRS by 1995, 1417; A 2013, 2296)

      NRS 38.325  Program of dispute resolution: Authority of Division to establish; procedure for claim referred to program.  If the Division establishes a program:

1.  Upon receipt of a written claim and answer filed pursuant to NRS 38.320 in which all the parties indicate that they wish to have the claim referred to such a program, the Division may refer the parties to the program.

2.  The person to whom the parties are referred pursuant to the program shall review the claim and answer filed pursuant to NRS 38.320 and, unless the parties agree to waive a hearing, conduct a hearing on the claim. After reviewing the claim and the answer and, if required, conducting a hearing on the claim, the person shall issue a written decision and award and provide a copy of the written decision and award to the parties. The person may not award to either party costs or attorney’s fees.

3.  Any party may, within 60 days after receiving the written decision and award pursuant to subsection 2, commence a civil action in the proper court concerning the claim. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within 60 days after receiving the written decision and award pursuant to subsection 2, any party may, within 1 year after receiving the written decision and award, apply to the proper court for a confirmation of the written decision and award pursuant to NRS 38.239.

(Added to NRS by 2013, 2295)

      NRS 38.330  Procedure for mediation or arbitration of claim; payment of costs and fees upon failure to obtain a more favorable award or judgment in court.

1.  Unless a program has been established and the parties have elected to have the claim referred to a program, the parties shall select a mediator from the list of mediators maintained by the Division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the Division shall appoint a mediator from the list of mediators maintained by the Division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the filing of the written claim. Not later than 5 days before mediation is scheduled to be conducted, each party must submit to the mediator a written statement which sets forth the issues in dispute. Mediation must not exceed 3 hours, unless the parties agree to an extension of such time. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for the cost of mediation conducted pursuant to this section, which must not exceed $500 for 3 hours of mediation. If the parties agree to extend mediation beyond 3 hours pursuant to this subsection, the fee for the additional hours must not exceed $200 per hour. If the parties participate in mediation and an agreement is not obtained, any party may commence a civil action in the proper court concerning the claim that was submitted to mediation. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been mediated pursuant to the provisions of NRS 38.300 to 38.360, inclusive, but an agreement was not obtained.

2.  Before commencing a civil action in the proper court, the parties named in the claim may agree to arbitration if the parties have participated in mediation in which an agreement was not obtained or if a written decision and award have been issued pursuant to NRS 38.325. Unless the parties agree in writing to binding arbitration, the arbitration is nonbinding. The cost of arbitration conducted pursuant to this section must not exceed $300 per hour. If the parties agree to arbitration, they shall select an arbitrator from the list of arbitrators maintained by the Division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the Division shall appoint an arbitrator from the list maintained by the Division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the Division shall provide the name of the arbitrator to each party. An arbitrator shall, not later than 5 days after the arbitrator’s selection or appointment pursuant to this subsection, provide to the parties an informational statement relating to the arbitration of a claim pursuant to this section. The written informational statement:

(a) Must be written in plain English;

(b) Must explain the procedures and applicable law relating to the arbitration of a claim conducted pursuant to this section, including, without limitation, the procedures, timelines and applicable law relating to confirmation of an award pursuant to NRS 38.239, vacation of an award pursuant to NRS 38.241, judgment on an award pursuant to NRS 38.243, and any applicable statute or court rule governing the award of attorney’s fees or costs to any party; and

(c) Must be accompanied by a separate form acknowledging that the party has received and read the informational statement, which must be returned to the arbitrator by the party not later than 10 days after receipt of the informational statement.

3.  The Division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the Account for Common-Interest Communities and Condominium Hotels created by NRS 116.630, to the extent that:

(a) The Commission for Common-Interest Communities and Condominium Hotels approves the payment; and

(b) There is money available in the Account for this purpose.

4.  Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.23138.23238.23338.236 to 38.239, inclusive, 38.242 and 38.243. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.

5.  If all the parties have agreed to arbitration but have not agreed whether the arbitration will be binding or nonbinding, the arbitration will be nonbinding. If arbitration is nonbinding, any party to the nonbinding arbitration may, within 30 days after a final decision and award which are dispositive of any and all issues of the claim which were submitted to nonbinding arbitration have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.239.

6.  If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of this chapter. An award procured pursuant to such binding arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.241.

7.  If, after the conclusion of binding arbitration, a party:

(a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.241; or

(b) Commences a civil action based upon any claim which was the subject of arbitration,

Ê the party shall, if the party fails to obtain a more favorable award or judgment than that which was obtained in the initial binding arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.

8.  Upon request by a party, the Division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.

9.  As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.

(Added to NRS by 1995, 1418; A 1999, 30162001, 12832003, 353922512007, 22782009, 29042011, 8012013, 2297)

      NRS 38.340  Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document.  For the purposes of NRS 38.300 to 38.360, inclusive, the Division shall establish and maintain:

1.  A list of mediators and arbitrators who are available for mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the Division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the Division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the Division may require the mediator or arbitrator to present proof satisfactory to the Division that the mediator or arbitrator has received the training and experience required for mediators or arbitrators pursuant to this section.

2.  A document which contains a written explanation of the procedures for mediating and arbitrating claims and for a program pursuant to NRS 38.300 to 38.360, inclusive.

(Added to NRS by 1995, 1419; A 2013, 2299)

      NRS 38.350  Statute of limitations tolled.  Any statute of limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive, until the conclusion of mediation or arbitration of the claim and the period for vacating the award has expired, or until the issuance of a written decision and award pursuant to the program.

(Added to NRS by 1995, 1419; A 2013, 2300)

      NRS 38.360  Administration of provisions by Division; regulations; fees.

1.  The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and may adopt such regulations as are necessary to carry out those provisions.

2.  All fees collected by the Division pursuant to the provisions of NRS 38.300 to 38.360, inclusive, must be accounted for separately and may only be used by the Division to administer the provisions of NRS 38.300 to 38.360, inclusive.

(Added to NRS by 1995, 1419; A 2013, 2300)

COLLABORATIVE LAW (UNIFORM ACT)

      NRS 38.400  Short title.  NRS 38.400 to 38.575, inclusive, may be cited as the Uniform Collaborative Law Act.

(Added to NRS by 2011, 184)

      NRS 38.405  Definitions.  As used in NRS 38.400 to 38.575, inclusive, unless the context otherwise requires, the words and terms defined in NRS 38.410 to 38.480, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 184)

      NRS 38.410  “Collaborative law communication” defined.  “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that:

1.  Is made to conduct, participate in, continue or reconvene a collaborative law process; and

2.  Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

(Added to NRS by 2011, 184)

      NRS 38.415  “Collaborative law participation agreement” defined.  “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

(Added to NRS by 2011, 184)

      NRS 38.420  “Collaborative law process” defined.  “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

1.  Sign a collaborative law participation agreement; and

2.  Are represented by collaborative lawyers.

(Added to NRS by 2011, 184)

      NRS 38.425  “Collaborative lawyer” defined.  “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

(Added to NRS by 2011, 184)

      NRS 38.430  “Collaborative matter” defined.  “Collaborative matter” means a dispute, transaction, claim, problem or issue for resolution, including a dispute, claim or issue in a proceeding which is described in a collaborative law participation agreement.

(Added to NRS by 2011, 184)

      NRS 38.435  “Law firm” defined.  “Law firm” means:

1.  Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited-liability company or association; and

2.  Lawyers employed in a legal services organization, the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency or instrumentality.

(Added to NRS by 2011, 184)

      NRS 38.440  “Nonparty participant” defined.  “Nonparty participant” means a person, other than a party and the collaborative lawyer of a party, that participates in a collaborative law process.

(Added to NRS by 2011, 184)

      NRS 38.445  “Party” defined.  “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

(Added to NRS by 2011, 184)

      NRS 38.450  “Person” defined.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(Added to NRS by 2011, 184)

      NRS 38.455  “Proceeding” defined.  “Proceeding” means:

1.  A judicial, administrative, arbitral or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences and discovery; or

2.  A legislative hearing or similar process.

(Added to NRS by 2011, 184)

      NRS 38.460  “Prospective party” defined.  “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

(Added to NRS by 2011, 185)

      NRS 38.465  “Record” defined.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

(Added to NRS by 2011, 185)

      NRS 38.470  “Related to a collaborative matter” defined.  “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim or issue as the collaborative matter.

(Added to NRS by 2011, 185)

      NRS 38.475  “Sign” defined.  “Sign” means, with present intent to authenticate or adopt a record:

1.  To execute or adopt a tangible symbol; or

2.  To attach to or logically associate with the record an electronic symbol, sound or process.

(Added to NRS by 2011, 185)

      NRS 38.480  “Tribunal” defined.  “Tribunal” means:

1.  A court, arbitrator, administrative agency or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

2.  A legislative body conducting a hearing or similar process.

(Added to NRS by 2011, 185)

      NRS 38.485  Requirements for collaborative law participation agreement; additional provisions authorized.

1.  A collaborative law participation agreement must:

(a) Be in a record;

(b) Be signed by the parties;

(c) State the intention of the parties to resolve a collaborative matter through a collaborative law process under NRS 38.400 to 38.575, inclusive;

(d) Describe the nature and scope of the collaborative matter;

(e) Identify the collaborative lawyer who represents each party in the collaborative law process; and

(f) Contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.

2.  The parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with NRS 38.400 to 38.575, inclusive.

(Added to NRS by 2011, 185)

      NRS 38.490  Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer.

1.  A collaborative law process begins when the parties sign a collaborative law participation agreement.

2.  A tribunal may not order a party to participate in a collaborative law process over the objection of that party.

3.  A collaborative law process is concluded by a:

(a) Resolution of a collaborative matter as evidenced by a signed record;

(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the collaborative matter will not be resolved in the collaborative law process; or

(c) Termination of the collaborative law process.

4.  A collaborative law process terminates:

(a) When a party gives notice to other parties in a record that the collaborative law process is ended;

(b) When a party:

(1) Begins a proceeding related to a collaborative matter without the agreement of all parties; or

(2) In a pending proceeding related to the collaborative matter:

(I) Initiates a pleading, motion, order to show cause or request for a conference with the tribunal;

(II) Requests that the proceeding be put on the tribunal’s active calendar; or

(III) Takes similar action requiring notice to be sent to the parties; or

(c) Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

5.  The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.

6.  A party may terminate a collaborative law process with or without cause.

7.  Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 is sent to the parties:

(a) The unrepresented party engages a successor collaborative lawyer; and

(b) In a signed record:

(1) The parties consent to continue the process by reaffirming the collaborative law participation agreement;

(2) The agreement is amended to identify the successor collaborative lawyer; and

(3) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.

8.  A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

9.  A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

(Added to NRS by 2011, 185)

      NRS 38.495  Participation agreement by persons in proceeding pending before tribunal; notice of conclusion; status report; effect of participation on proceeding.

1.  The persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties to the collaborative law participation agreement shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection 3 and NRS 38.500 and 38.505, the filing operates as an application for a stay of the proceeding.

2.  The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection 1 is lifted when the notice is filed. The notice must not specify any reason for termination of the process.

3.  A tribunal in which a proceeding is stayed under subsection 1 may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report must include only information on whether the process is ongoing or concluded. It must not include a report, assessment, evaluation, recommendation, finding or other communication regarding a collaborative law process or collaborative law matter.

4.  A tribunal may not consider a communication made in violation of subsection 3.

5.  A tribunal shall provide the parties with notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute.

(Added to NRS by 2011, 186)

      NRS 38.500  Emergency order.  During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare or interest of a party or a member of the family or the household of a party.

(Added to NRS by 2011, 187)

      NRS 38.505  Approval of agreement by tribunal.  A tribunal may approve an agreement resulting from a collaborative law process.

(Added to NRS by 2011, 187)

      NRS 38.510  Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings.

1.  Except as otherwise provided in subsection 3, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.

2.  Except as otherwise provided in subsection 3 and NRS 38.515 and 38.520, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection 1.

3.  A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or

(b) To seek or defend an emergency order to protect the health, safety, welfare or interest of a party, or a member of the family or the household of a party, if a successor lawyer is not immediately available to represent that person.

4.  A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party, or a member of the family or the household of a party, under paragraph (b) of subsection 3 only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare or interest of that person.

(Added to NRS by 2011, 187)

      NRS 38.515  Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties.

1.  The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representing a party with or without fee.

2.  After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer who is disqualified under subsection 1 of NRS 38.510 is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:

(a) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

(b) The collaborative law participation agreement so provides; and

(c) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.

(Added to NRS by 2011, 187)

      NRS 38.520  Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity.

1.  The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representing a party that is a government or a governmental subdivision, agency or instrumentality.

2.  After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or a governmental subdivision, agency or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

(a) The collaborative law participation agreement so provides; and

(b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.

(Added to NRS by 2011, 188)

      NRS 38.525  Disclosure of information during process.  Except as otherwise provided by specific statute, during the collaborative law process, on the request of another party, a party shall make timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.

(Added to NRS by 2011, 188)

      NRS 38.530  Obligations and standards of professional responsibility and mandatory reporting not affected.  The provisions of NRS 38.400 to 38.575, inclusive, do not affect:

1.  The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

2.  The obligation of a person to report abuse or neglect, abandonment or exploitation of a child or adult under the laws of this State.

(Added to NRS by 2011, 188)

      NRS 38.535  Required assessment and disclosures regarding process by prospective collaborative lawyer.  Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

1.  Assess with the prospective party factors that the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;

2.  Provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration or expert evaluation; and

3.  Advise the prospective party that:

(a) After a collaborative law participation agreement is signed, the collaborative law process terminates if a party initiates a proceeding or seeks the intervention of a tribunal in a pending proceeding related to the collaborative matter;

(b) Participation in a collaborative law process is voluntary, and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

(c) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection 3 of NRS 38.510, subsection 2 of NRS 38.515 or subsection 2 of NRS 38.520.

(Added to NRS by 2011, 188)

      NRS 38.540  Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties.

1.  Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.

2.  Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.

3.  If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless:

(a) The party or the prospective party requests beginning or continuing the collaborative law process; and

(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.

(Added to NRS by 2011, 188)

      NRS 38.545  Confidentiality of collaborative law communication.  A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by specific statute.

(Added to NRS by 2011, 189)

      NRS 38.550  Privilege against disclosure of collaborative law communication; admissibility; discovery.

1.  Except as otherwise provided in NRS 38.555 and 38.560, a collaborative law communication is privileged under subsection 2, is not subject to discovery and is not admissible in evidence.

2.  In a proceeding, the following privileges apply:

(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and

(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

3.  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

(Added to NRS by 2011, 189)

      NRS 38.555  Waiver and preclusion of privilege.

1.  A privilege under NRS 38.550 may be waived in a record or orally during a proceeding if it is expressly waived by all parties, and in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

2.  A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under NRS 38.550, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

(Added to NRS by 2011, 189)

      NRS 38.560  Limits of privilege.

1.  There is no privilege under NRS 38.550 for a collaborative law communication that is:

(a) Available to the public under chapter 239 of NRS or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;

(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

(d) Set forth in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

2.  The privileges under NRS 38.550 for a collaborative law communication do not apply to the extent that the communication is:

(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

(b) Sought or offered to prove or disprove abuse, neglect, abandonment or exploitation of a child or adult, unless an agency which provides child welfare services, as defined in NRS 432B.030, or the Aging and Disability Services Division of the Department of Health and Human Services is a party to or otherwise participates in the collaborative law process.

3.  There is no privilege under NRS 38.550 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality and the collaborative law communication is sought or offered in:

(a) A court proceeding involving a felony or misdemeanor; or

(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

4.  If a collaborative law communication is subject to an exception under subsection 2 or 3, only the part of the communication necessary for the application of the exception may be disclosed or admitted into evidence.

5.  Disclosure or admission of evidence excepted from the privilege under subsection 2 or 3 does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

6.  The privileges under NRS 38.550 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.

(Added to NRS by 2011, 189)

      NRS 38.565  Authority of tribunal in case of noncompliance.

1.  If a collaborative law participation agreement fails to meet the requirements of NRS 38.485, or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:

(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and

(b) Reasonably believed they were participating in a collaborative law process.

2.  If a tribunal makes the findings specified in subsection 1 and the interests of justice require, the tribunal may:

(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(b) Apply the disqualification provisions of NRS 38.51038.515 and 38.520; and

(c) Apply the privileges under NRS 38.550.

(Added to NRS by 2011, 190)

      NRS 38.570  Applying and construing Uniform Act to promote uniformity.  In applying and construing the Uniform Collaborative Law Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(Added to NRS by 2011, 190)

      NRS 38.575  Relation to Electronic Signatures in Global and National Commerce Act.  NRS 38.400 to 38.575, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

(Added to NRS by 2011, 191)

 

Professional Experience

Arbitration and Mediation Concentrations

  • Business/Commercial
  • Business/Partnership Disputes/Dissolution
  • Business Torts
  • Contract Disputes
  • Employment
  • Franchise Disputes
  • Personal Injury
  • Real Estate
  • Trade Secrets
  • Unfair Competition and Restrictive Covenants

ADR Training

  • Faculty, Arbitration Fundamentals and Best Practices for New Arbitrators, AAA (October 2017)
  • Out of Sight, Out of Mind:  What You Need to Know about Preventing and Arbitrating Business-to-Business (“B2B”) Data Breaches, AAA (2017)
  • Panelist, Arbitrator’s Roundtable – Las Vegas, AAA (2017)
  • Settlement Judge Training, Nevada Supreme Court (2016)
  • Impasse Prevention & Communication/Implied Bias, Nevada Supreme Court (2016)
  • Breaking Impasse, Nevada Supreme Court (2016)
  • Mediation Ethics, a Comprehensive Review, Nevada Supreme Court (2016)
  • Consolidation and Joinder In Construction Arbitration: Ignorance Is Not Bliss, AAA (2016)
  • Arbitrator’s Roundtable – Las Vegas, AAA (2016)
  • Arbitrator Subpoenas: Are They Worth the Paper They’re Printed On? AAA (2015)
  • Essential Mediation Skills for the New Mediator, AAA (2015)
  • Fundamentals of Effective Mediation Advocacy, AAA (2015)
  • Confronting Arbitrability & Jurisdiction in Arbitration, AAA (2015)
  • Arbitrator’s Roundtable – Las Vegas, AAA (2015)
  • Award Writing, AAA (2014)
  • Arbitration Fundamentals and Best Practices, AAA (2013)
  • Arbitrator’s Role, Authority, and Responsibility, AAA (2006)
  • Arbitrator’s Ethics, Practice Standards and Disclosures, AAA (2006)
  • Preparing for and Conducting a Preliminary Hearing, AAA (2006)
  • Managing Issues Involving Self-Represented Parties, AAA (2006)
  • Managing Panel Dynamics, AAA (2006)
  • Preparing for and Writing the Award, AAA (2006)
  • Managing Evidentiary Hearing Issues, AAA (2006)
  • Managing Post-Hearing Issues, AAA (2006)
  • Arbitrator Training, Better Business Bureau (2006)
  • Succeeding In Mediation, AAA (2003)
  • Mediation and Arbitration Advocacy, AAA (2002)
  • Cutting Edge Negotiation Strategies for Lawyers, Negotiation Strategy Institute (2002)
  • Arbitrator Training, Supreme Court of Nevada, State Bar of Nevada (2000)
  • Arbitration 101, Clark County Bar Association (1994)
  • 40-hour Arbitrator Training, AAA (2013)
  • 40-hour Mediation Training, AAA (2015)
  • 36 Hour ADR Certification, J. Reuben Clark Law School, Brigham Young University (1994)

Professional Licenses

  • Nevada State Bar (1994)
  • U.S. District Court, District of Nevada (1994)
  • U.S. Court of Appeals, 9th Circuit (1995)

Memberships and Professional Affiliations

  • State Bar of Nevada
  • Clark County Bar Association
  • American Arbitration Association
  • National Institute for Trial Advocacy

Education

  • J.D., J. Reuben Clark Law School (1994)
  • B.A., Brigham Young University (1991)

Honors & Awards 

  • Top 100 Mountain States Super Lawyers, Business Litigation and ADR (2015 – 2017)
  • The Best Lawyers in America, Arbitration (2017)
  • Mountain States Super Lawyers (2014-present)
  • AV Rated, Martindale-Hubbell (Litigation, Commercial Law and Business Law)
  • America’s Most Honored Professionals, Top 10% (2011, 2015-2016) Top 1% (2017)
  • Top 100 Lawyers in the Mountain States, Salt Lake Magazine (2015 – 2016)
  • Perfect 10.0 “Superb” Avvo.com rating
  • Nevada Legal Elite, top 1% of Nevada’s Attorneys (2009, 2011, 2014 – 2015)
  • Top Lawyers, Desert Companion Magazine (2012 – 2014)
  • Top 100 Lawyers, MyVegas Magazine (2012 – 2013)
  • Vegas, Inc. Magazine – “Top Lawyers: The Best of the Best in Southern Nevada,” (2013)
  • Clark County Pro Bono Project Award – 50 hours certificate (2013)
  • Client’s Choice Award, Litigation AVVO in Litigation, Arbitration, Business Law, Bankruptcy, and Real Estate (2015)
  • National Institute for Trial Advocacy, “Master Advocate” designation
  • 48th Annual GRAMMY® Award Winner – Best Gospel Choir or Chorus Album (2005)
  • Vocalist, NAACP Image Award-winning album “Where My Heart Belongs” (2015)

LECTURES/TEACHING

  • Arbitrator’s Roundtable , Panelist, AAA (2017)
  • Deposition Training, Faculty for the National Institute for Trial Advocacy‘s Nevada Deposition Program, Continuing Legal Education Seminar (2008-2012 & 2014-present)
  • Business Contracts A to Z, Faculty presenting lecture and written materials on non-competition agreements, trade secrets, intellectual property, and breach of contract, National Business Institute (2012)
  • Advocacy Teacher Training, Graduate of the National Institute for Trial Advocacy’s intensive teacher training program (November 2009)
  • Trial Advocacy Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Trial Training program, Continuing Legal Education Seminar (March 2006)
  • Deposition Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Deposition Program, Continuing Legal Education Seminar (August 2005)
  • Commercial and Residential Evictions, Presenter of “Residential Evictions and Trial,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (May 18, 2005)
  • Landlord-Tenant Law Update, Presenter of “The Eviction and Judicial Process,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (January 13, 2005)
  • Commercial Leases: Drafting, enforcing, and Other Critical Issues, Presenter of “When a Tenant Files Bankruptcy,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (September 23, 2004)
  • Protecting the Homeowners Association, Presenter Las Vegas Seminar to Property Managers, Homeowner Association Boards, and Homeowners, Las Vegas, Nevada (1995)

BOOKS

  • Nevada Civil Practice Manual, Chapter 26: Pre-Judgment Remedies, Jay Young (co-author), State Bar of Nevada Publication (LexisNexis Matthew Bender), 5th Ed. (2005-2016)
  • Federal Court Litigation Checklist (Your Legal Guides 2016)
  • A Litigator’s Guide to Federal Evidentiary Objections (Your Legal Guides 2016)
  • A Litigator’s Guide to the Federal Rules of Evidence (Your Legal Guides 2016)
  • Nevada State Court Litigation Checklist (2nd Edition) (Your Legal Guides 2016)
  • A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition) (Your Legal Guides 2016)
  • A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition) (Your Legal Guides 2016)
  • The Self Help Federal Court Litigation Checklist (Your Legal Guides 2016)
  • The Self Help Guide to Federal Evidentiary Objections (Your Legal Guides 2016)
  • The Self Help Guide to the Federal Rules of Evidence (Your Legal Guides 2016)

ARTICLES

1794297759_6d53e7c4f5_b                The Nevada Supreme Court recently decided that the waiver of the right to arbitrate a dispute is presumptively within the jurisdiction of the courts, not arbitrators to decide unless the arbitration agreement clearly reserves this question of arbitrability to the arbitrator.  That is if the claimed waiver arises from litigation conduct.

The case involves claims against a payday lender who obtained, according to the court, “thousands of default judgments” against defendants who failed to appear in collection actions brought after default on the short term loans.  Plaintiffs sued as a class to, inter alia, have the court deem the default judgments void and uncollectable when it was learned that the lender’s process server engaged in “sewer service—the practice of accepting summonses and complaints for service, failing to serve them, then falsely swearing in court-filed affidavits that service had been made when it was not.”

The lender’s motion to compel arbitration based on agreements to arbitrate was denied when the District Court held the lender waived its right to arbitration by bringing the collections actions and obtaining the default judgments at issue.  (more…)

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When people are attacked, the natural reaction is to attack back. While competent trial attorneys are well equipped to attack the other side for you, a wise attorney will also step back from his role as an adversary and counsel you regarding your settlement options. In doing so, he is not necessarily telling you he doesn’t believe your side of the story. Rather, he is trying to get you, the astute businessperson, to make a smart business decision which considers only your bottom line, and not the emotion of the lawsuit or who is right and wrong. (more…)

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