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 Nevada Arbitration Rules

    Rule 20.  Procedures at trial de novo.

      (A)  Evidence. If a trial de novo is requested, the arbitration award shall be admitted as evidence in the trial de novo, and all discovery obtained during the course of the arbitration proceedings shall be admissible in the trial de novo, subject to all applicable rules of civil procedure and evidence.

      (B)  Attorney fees; costs; interest.

             (1) The prevailing party at the trial de novo 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 subsection (1), a party is entitled to a separate award of attorney’s fees and costs as set forth in (a) and (b) below.

                   (a) Awards of $20,000 or less. Where the arbitration award is $20,000 or less, and the party requesting the trial de novo fails to obtain a judgment that exceeds the arbitration award by at least 20 percent of the award, the non-requesting party is entitled to its attorney’s fees and costs associated with the proceedings following the request for trial de novo. Conversely, if the requesting party 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 non-requesting party is entitled to its attorney’s fees and costs associated with the proceedings following the request for trial de novo.

                   (b) Awards over $20,000. Where the arbitration award is more than $20,000, and the party requesting the trial de novo fails to obtain a judgment that exceeds the arbitration award by at least 10 percent of the award, the non-requesting party is entitled to its attorney’s fees and costs associated with the proceedings following the request for trial de novo. Conversely, if the requesting party fails to obtain a judgment that reduces by at least 10 percent the amount for which that party is liable under the arbitration award, the non-requesting party is entitled to its attorney’s fees and costs associated with the proceedings following the request for trial de novo.

             (3) In comparing the arbitration award and the judgment, the court shall not include costs, attorney’s fees, and interest with respect to the amount of the award or judgment. If multiple parties are involved in the action, the court shall consider each party’s respective award and judgment in making its comparison between the award and judgment.

      [Added; effective July 1, 1992; amended effective January 1, 2005.]

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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