Arbitration
in Nevada
Requirements
[NRCP 38.255
(1)(b)]:
- Cases filed in Nevada District Court in which damages requested are $40,000 or less must
be arbitrated.
- Most cases involve automobile accidents & neighbor disputes
Exempt from Arbitration
[NRCP
38.255 (3)]:
- Class actions
- Cases in equity
- Medical malpractice cases
- Mental malpractice cases
- Cases involving declaratory relief
- Appeal from courts of limited jurisdiction
- Cases asking for relief from extraordinary writs
- Review of administrative decisions
- Cases regarding real estate titles
- Probate actions
- Divorce or domestic relations cases
- Previously arbitrated matters
Discovery Commissioner:
Assigns arbitrators to specific cases
Commissioner proposes five arbitrators to both parties, and each party may strike, or
remove, two of the names from the list. The commissioner then assigns the arbitrator.
The Arbitrator:
Paid $250 per party, with a maximum of $1000 per case
Paid upon completion of the arbitration process
Arbitrator may limit discovery further at his/her discretion
Arbitrator may extend hearings to 9 months. Any further extension must come from the
court, not to exceed one year
In near future, paralegals may be able to become arbitrators
Hearings
[NRCP 38.075]:
- The Early Arbitration Conference (EAC) acts in the same manner as the Joint Case
Conference (JCC)
- Notice must be not less than 5 days before hearing
- Appeal must be made within 10 days of arbitrator’s decision
- If a party files a motion for trial de novo to reverse the arbitrator’s decision
and if that party loses, he or she may be ordered by the court to pay court costs and
opposing party’s attorney’s fees [NRCP 38.330]
- Subpoenas are generally not required for service of documents relating to the
arbitration hearing