Assembly Bill No. 392–Committee on Judiciary

March 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning use of alternative methods to resolve certain disputes. (BDR 3-1293)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to courts; authorizing the parties to certain actions to use a settlement conference, short trial and other alternative methods of resolving disputes under certain circumstances; providing for the adoption of rules and procedures governing the use of alternative methods of resolving disputes; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 38.250 is hereby amended to read as follows:

1-2 38.250 1. Except as otherwise provided in NRS 38.310:

1-3 [1.] (a) All civil actions filed in district court for damages, if the cause

1-4 of action arises in the State of Nevada and the amount in issue does not

1-5 exceed $40,000 , must be submitted to nonbinding arbitration in

1-6 accordance with the provisions of NRS 38.253, 38.255 and 38.258 [.] ,

1-7 unless the parties have agreed to submit the action to an alternative

1-8 method of resolving disputes established by the supreme court pursuant

1-9 to NRS 38.258 and that method has resulted in a binding disposition of

1-10 the action. If an action is submitted to an alternative method of resolving

1-11 disputes pursuant to this paragraph and a binding disposition of the case

1-12 does not result, the action must be submitted to nonbinding arbitration,

1-13 but the parties may agree to submit the action to another alternative

1-14 method of resolving disputes while the nonbinding arbitration is pending

1-15 or after the nonbinding arbitration has been completed.

2-1 [2.] (b) A civil action for damages filed in justice’s court may be

2-2 submitted to arbitration or to an alternative method of resolving disputes,

2-3 including, without limitation, a settlement conference or a binding short

2-4 trial, if the parties agree, orally or in writing, to the submission.

2-5 2. As used in this section, "short trial" means a trial that is

2-6 conducted, with the consent of the parties to the action, in accordance

2-7 with procedures designed to limit the length of the trial, including,

2-8 without limitation, restrictions on the number of motions filed by each

2-9 party and the amount of discovery requested by each party, the use of a

2-10 jury composed of not more than six persons, and a specified limit on the

2-11 amount of time each party may use to present his case.

2-12 Sec. 2. NRS 38.258 is hereby amended to read as follows:

2-13 38.258 [In any civil action that is required to be submitted to

2-14 arbitration pursuant to NRS 38.250, the]

2-15 1. The supreme court may [also] authorize the use of settlement

2-16 conferences and other alternative methods of resolving disputes ,

2-17 including, without limitation, a binding short trial, that are available in

2-18 the county in which the court is located [, if] :

2-19 (a) In lieu of submitting an action to nonbinding arbitration pursuant

2-20 to NRS 38.250;

2-21 (b) After an action is submitted to nonbinding arbitration because an

2-22 alternative method of resolving disputes did not result in a binding

2-23 disposition of the action; or

2-24 (c) At any other time during or following nonbinding arbitration if the

2-25 court determines that [such participation] the use of any such alternative

2-26 methods of resolving disputes would assist in the resolution of the dispute.

2-27 2. If the supreme court authorizes the use of an alternative method of

2-28 resolving disputes pursuant to subsection 1, the supreme court shall

2-29 adopt rules and procedures to govern the use of any such method.

2-30 3. As used in this section, "short trial" has the meaning ascribed to it

2-31 in NRS 38.250.

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