ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting line 2 and inserting:
“exceed $7,500...................................................................................................................... $150.00
If the sum claimed exceeds $7,500 but does not exceed $10,000...................................... 175.00”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. Chapter 38 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Supreme Court shall adopt rules to provide for the establishment of a mandatory short trial program for civil cases in the justices’ courts.
2. This section does not apply to the following actions and proceedings:
(a) Actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
(b) Actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(c) Any action for the issuance of a temporary or extended order for protection against domestic violence.
(d) An action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(e) Small claims actions under the provisions of chapter 73 of NRS.
(f) Any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
3. As used in this section, “short trial” means a trial that is conducted in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.
Sec. 4. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS 38.310 [:] and section 3 of this act:
(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $40,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a binding short trial, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.
(b) A civil action for damages filed in justice’s court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
FLUSH
An agreement entered into pursuant to this section that does
not comply with the requirements set forth in this subsection is void.
3. As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than six persons, and a specified limit on the amount of time each party may use to present his case.”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 3, to read as follows:
“Sec. 6. Section 1 of Senate Bill No. 88 of this session is hereby amended to read as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
[1.] If an action is filed in the district court and a district judge determines that the [sum claimed, exclusive of interest, does not exceed $7,500,] action is properly within the jurisdiction of the justice’s court pursuant to NRS 4.370, the district judge may transfer original jurisdiction of the action to the justice’s court.
[2. For the purposes of this section, “action” includes the following civil cases and proceedings and no others except as otherwise provided by specific statute:
(a) An action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, exceeds $7,500.
(b) An action for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed exceeds $7,500.
(c) Except in actions for a fine imposed for a violation of NRS 484.757, an action for a fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) An action upon bonds or undertakings conditioned for the payment of money, if the sum claimed exceeds $7,500.
(e) An action to recover the possession of personal property, if the value of the property exceeds $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, exceeds $7,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed exceed $7,500.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed exceed $7,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for exceeds $7,500.
(j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.]”.
Amend sec. 4, page 6, line 3, after “of” by inserting:
“sections 1 to 5, inclusive, of”.
Amend sec. 5, page 6, by deleting line 5 and inserting:
“Sec. 8. 1. This section and section 6 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, and 7 of this act become effective on January 1, 2005.”.
Amend the title of the bill, second line, after “courts;” by inserting:
“providing for the establishment of a mandatory short trial program for civil cases in the justices’ courts;”.
Amend the summary of the bill to read as follows: