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).

1-1 Section 1. Chapter 38 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. If an action is submitted to arbitration in accordance with the

1-4 provisions of NRS 38.250 to 38.258, inclusive, the arbitrator or panel of

1-5 arbitrators shall, in addition to any other written findings of fact or

1-6 conclusions of law, make written findings in accordance with this

1-7 subsection concerning each cause of action. The written findings must be

1-8 in substantially the following form, with "panel of arbitrators" being

1-9 substituted for "arbitrator" when appropriate:

1-10 Based upon the evidence presented at the arbitration hearing

1-11 concerning the cause of action for ................, the arbitrator finds

1-12 in favor of ................(name of the party) and ................("awards

1-13 damages in the amount of $................" or "does not award any

1-14 damages on that cause of action").

2-1 2. If an action is submitted to arbitration in accordance with the

2-2 provisions of NRS 38.250 to 38.258, inclusive, and, after

2-3 arbitration, a party requests a trial anew before a jury:

2-4 (a) The written findings made by the arbitrator or the panel of

2-5 arbitrators pursuant to subsection 1 must be admitted at trial. The

2-6 testimony of the arbitrator or arbitrators, whenever taken, must not be

2-7 admitted at trial, and the arbitrator or arbitrators must not be deposed or

2-8 called to testify concerning the arbitration. Any other evidence

2-9 concerning the arbitration must not be admitted at trial, unless the

2-10 admission of such evidence is required by the constitution of this state or

2-11 the Constitution of the United States.

2-12 (b) The court shall give the following instruction to the jury

2-13 concerning the action, substituting "panel of arbitrators" for

2-14 "arbitrator" when appropriate:

2-15 During the course of this trial, certain evidence was admitted

2-16 concerning the findings of an arbitrator. On the cause of action

2-17 for ................, the arbitrator found in favor of ................(name of

2-18 the party) and ................("awarded damages in the amount of

2-19 $................" or "did not award any damages on that cause of

2-20 action"). The findings of the arbitrator may be given the same

2-21 weight as other evidence or may be disregarded. However, you

2-22 must not give those findings undue weight because they were

2-23 made by an arbitrator, and you must not use the findings of the

2-24 arbitrator as a substitute for your independent judgment. You

2-25 must weigh all the evidence that was presented at trial and arrive

2-26 at a conclusion based upon your own determination of the cause

2-27 of action.

2-28 3. The court shall give a separate instruction pursuant to paragraph

2-29 (b) of subsection 2 for each such cause of action that is tried before a

2-30 jury.

2-31 Sec. 2. NRS 38.250 is hereby amended to read as follows:

2-32 38.250 Except as otherwise provided in NRS 38.310:

3-1 Sec. 3. The amendatory provisions of this act apply to an action that is

3-2 filed on or after October 1, 1999.