Cases exempt from arbitration

(a) Automatic exemption. (1) All civil cases commenced in the district courts in the following categories are exempt from arbitration and the parties shall not be required to file a request for exemption if the initial pleading specifically designates the category of claimed exemption in the caption: (A) class actions; (B) appeals from courts of limited jurisdiction; (C) probate actions; (D) divorce and other domestic relations actions; (E) actions seeking judicial review of administrative decisions; (F) actions concerning title to real estate; (G) actions for declaratory relief; (H) actions for medical or dental malpractice governed by the provisions of NRS 41A.003 to 41A.120 , inclusive; (I) actions seeking equitable or extraordinary relief; (J) business court actions; (K) construction defect actions; and (L) actions in which any of the parties is incarcerated. A party that fails to specifically identify the category of claimed exemption in the caption pursuant to NAR 5 (a) may nevertheless file a request for exemption pursuant to NAR 5 (b). (2) In cases where any party’s claim qualifies for exemption, every other party’s claim, though suitable for arbitration, shall automatically be exempted and be heard in the district court action. (3) Any civil case, regardless of the amount in controversy or relief sought, may be exempted from the program by mutual consent of the parties to participate in the Mediation Program as allowed by NMR 2 or the Short Trial Program as allowed by NSTR 4 (b)(1). (4) In any civil case where the district court has determined on a dispositive motion that plaintiff’s punitive damages claim(s) may be heard by the trier of fact, regardless of the amount in controversy or relief sought, the district court’s order on the dispositive motion shall automatically exempt the matter from arbitration. (b) Permissive exemption. (1) All civil cases commenced in the district courts making any of the following categories of claims may be exempted from the program upon leave of the commissioner or, in districts with an arbitration judge, the arbitration judge: (A) any action presenting significant issues of public policy; (B) any action presenting unusual circumstances that constitute good cause for removal from the program; and (C) any action where, assuming a jury finds in favor of plaintiff, the probable jury verdict would exceed $50,000 per plaintiff, exclusive of fees, costs, and interest. (2) If a party believes that a case described in NAR 5 (b) should not be in the program, that party must file with the clerk of the court 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 21 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 NAR 5 (b). The parties may file a joint request for exemption. (3) The request for exemption must also include a summary of facts, including any evidentiary support necessary to illustrate 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 a filing may subject the requesting party to sanctions by the commissioner or arbitration judge . (c) Any opposition to a request for exemption from arbitration must be filed with the clerk of the court and served upon all appearing parties within 7 days of service of the request for exemption. (d) Where requests for exemptions from arbitration are filed, the commissioner or the arbitration judge shall review the contentions, facts, and evidence available and determine whether an exemption is warranted. The commissioner or the arbitration judge may require that a party submit additional facts supporting the party’s contentions. Any objection(s) to the commissioner’s or the arbitration judge’s decision must be filed with the clerk of the court, who shall then notify the district judge to whom the case is assigned. Objections must be filed within 7 days of the date the commissioner’s or arbitration judge’s decision is served, with service to all parties. (e) The district judge to whom a case is assigned or, in a district with an arbitration judge, the arbitration judge 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 or the arbitration judge may impose any sanction authorized by NRCP 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 July 26, 2024.]