As I indicated a blog or two ago, cases that are appealed from arbitration or fail in mediation may proceed into Nevada’s Short Trial Program. Here’s an overview of that program:
-A presiding judge is appointed and hears all motions.
-The parties exchange document and witness lists and meet for a pretrial conference to chart out the course of the case.
-The case is calendared and set for trial to commence not later than 120 days from the date the judge was assigned.
-Parties may quote from depositions rather than call witnesses, and other evidentiary rules are relaxed.
-Expert witnesses may be used but the use of live expert testimony is discouraged.
-A jury of 4 to 6 members is chosen.
-A judgment may not exceed $40,000.00 per plaintiff.
-Diehard parties may appeal a case within the Short Trial Program directly to the Nevada Supreme Court.
I’ll discuss incentives and financial risks built into Nevada’s ADR system in my next blog or two.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.