Removal of cases subject to mandatory participation in the Short Trial Program

Nevada Short Trial Rules

Rule: 5

Jurisdiction: NV

Bluebook Citation: NSTR 5

(a) Demand for removal; time for filing. Any party may file with the district court clerk and serve on the other parties a written demand to remove the case from the Short Trial Program. Unless the district in which the action is pending has adopted a local rule pursuant to Nevada Rule of Civil Procedure (NRCP) 83 declaring otherwise, at the time a demand is filed as required by this rule, the party demanding removal of the case from the Short Trial Program shall deposit with the clerk an amount equal to the fees to be paid the trial jurors for their services for the estimated length of the trial and court costs. If more than one party demands removal of the case from the Short Trial Program, those parties shall be equally responsible for the jury fees and court costs upon filing the demand. (1) Trial de novo cases. A demand to remove a trial de novo case from the Short Trial Program must be filed and served no later than 14 days after service of the request for trial de novo. For good cause shown, an appropriate case may be removed from the Short Trial Program upon the filing of an untimely demand for removal; however, such filing may subject the requesting party to sanctions. (2) Mediation cases. A demand to remove an unsuccessful mediation case from the Short Trial Program must be filed and served no later than 14 days after service of the mediator’s report under NMR 8 . For good cause shown, an appropriate case may be removed from the Short Trial Program upon the filing of an untimely demand to remove; however, such filing may subject the requesting party to sanctions. (b) Juror fees and costs. For purposes of this rule, costs and juror fees shall be calculated using an eight-member jury and costs shall be estimated at $1,000 unless the parties stipulate to another amount. (c) Waiver of removal. A party’s opportunity to remove a case from the Short Trial Program is waived if that party fails to timely file and serve a demand to remove the case or fails to deposit the fees and costs required by this rule. (d) Procedure after removal. After removal from the Short Trial Program, the case shall proceed under the provisions of the NAR governing trials de novo and the NRCP. [Added; effective January 1, 2005; amended; effective July 26, 2024.]

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