Rule 5. Exemptions from arbitration.
(A) A party claiming an exemption from the program pursuant to Rule 3(A) on grounds other than the amount in controversy, the presentation of significant issues of public policy, or the presentation of unusual circumstances that constitute good cause for removal from the program will not be required to file a request for exemption if the initial pleading specifically designates the category of claimed exemption in the caption. Otherwise, if a party believes that a case should not be in the program, that party must file with the commissioner a request to exempt the case from the program and serve the request on any party who has appeared in the action. The request for exemption must be filed within 20 days after the filing of an answer by the first answering defendant, and the party requesting the exemption must certify that his or her case is included in one of the categories of exempt cases listed in Rule 3. The request for exemption must also include a summary of facts which supports the party’s contentions. For good cause shown, an appropriate case may be removed from the program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions by the commissioner.
(B) Any opposition to a request for exemption from arbitration must be filed with the commissioner and served upon all appearing parties within 5 days of service of the request for exemption.
(C) The parties may file a joint request for exemption.
(D) Where requests for exemptions from arbitration are filed, the commissioner shall review the contentions, facts and evidence available and determine whether an exemption is warranted. The commissioner may require that a party submit additional facts supporting the party’s contentions. Any objection(s) to the commissioner’s decision must be filed with the commissioner who shall then notify the district judge to whom the case is assigned. Objections must be filed within 5 days of the date the commissioner’s decision is served, with service to all parties.
(E) The district judge to whom a case is assigned shall make all final determinations regarding the arbitrability of a case and may hold a hearing on the issue of arbitrability, if necessary. The district judge’s determination of such an issue is not reviewable.
(F) The district judge to whom a case is assigned may impose any sanction authorized by N.R.C.P. 11 against any party who without good cause or justification attempts to remove a case from the program.
(G) Any party to any action has standing to seek alternative dispute resolution under these rules.
[Added; effective July 1, 1992; amended effective January 1, 2005.]