Relationship to district court jurisdiction and rules
Rules Governing Alternative Dispute Resolution
Rule: 4
Jurisdiction: NV
Bluebook Citation: RGADR 4
(a) Cases filed in the district court shall remain under the jurisdiction of that court for all phases of the proceedings, including arbitration. (b) The district court having jurisdiction over a case has the authority to act on or interpret these rules. (c) Before a case is submitted or ordered to the program, and after a request for trial de novo is filed, and except as hereinafter stated, all applicable rules of the district court, the Nevada Short Trial Rules (NSTR), and the Nevada Rules of Civil Procedure (NRCP) apply. After a case is submitted or ordered to the program, and before a request for trial de novo is filed, or until the case is removed from the program, these rules apply. Except as stated elsewhere herein, once a case is accepted or remanded into the program, the requirements of NRCP 16.1 do not apply. (d) The calculation of time and the requirements of service of pleadings and documents under these rules are the same as under the NRCP. The commissioner or the commissioner’s designee, or in districts with an arbitration judge, the arbitration judge or their designee, shall serve all rulings of the commissioner or arbitration judge on any matter as set forth in NRCP 5 (b). (e) During the pendency of arbitration proceedings conducted pursuant to these rules, no motion may be filed in the district court by any party, except motions that are dispositive of the action, or any portion thereof, motions to amend, consolidate, withdraw, or intervene, or motions made pursuant to NAR 3 (c) requesting a settlement conference, mediation proceeding, or other appropriate settlement technique. Any of the foregoing motions must be filed no later than 45 days prior to the arbitration hearing, or said motion may be foreclosed by the judge and/or sanctions may be imposed. A copy of all motions and orders resulting therefrom shall be served upon the arbitrator. All discovery, prehearing procedural, and evidentiary motions are to be heard by the arbitrator. Pursuant to NAR 17 (b), any application for attorney fees, costs, and interest must be submitted to and heard by the arbitrator after entry of the arbitration award. (f) Once a case is submitted or ordered to the program, all parties subsequently joined in the action shall be parties to the arbitration unless dismissed by the district judge to whom the case is assigned. (g) Except as otherwise provided in these rules, all disputed issues arising under these rules must be resolved in the manner set forth in NAR 8 (b). (h) Each judicial district may appoint an alternative dispute resolution commissioner to serve at the pleasure of the court. [Added; effective July 1, 1992; amended; effective January 1, 2023.]
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