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Nevada has had a short trial program, found in Nevada’s Supreme Court Rules, Subpart B since July 2000. The procedure has had minimal participation and has received little publicity since that time, however, the program is expected to be much more active this year as the Nevada Supreme Court finishes its review of applicants for pro tempore judges and those selections complete mandatory training. The program is available in all actions that would otherwise qualify for mandatory arbitration. In judicial districts with populations of less than 100,000, the program is voluntary. Additionally, cases exempt from arbitration may be placed into the program by stipulation of the parties. Once the parties stipulate to placing their litigation into the program, all procedures and calendaring, through trial, are time compressed. In cases arising from a request for trial de novo following mandatory arbitration, the short trial must be calendared to commence not later than 120 days from the date the parties stipulate the action into the program after the arbitrator’s decision. For those cases which are entered directly into the short trial program, either prior to arbitration or, if exempt, by stipulation, the time frame is expanded to 180 days. Although the Nevada Rules of Evidence and Civil Procedure apply in short trials, they are modified by rule or can be further modified by stipulation of the parties. Under NSTR 8, any documents that would be admitted upon testimony by a custodian of records may be admitted into evidence without necessity of authentication or foundation by a live witness, subject only to a timely objection under NSTR 11. There is no automatic court reporting of proceedings, a party must request and pay for a reporter. The cases are tried before a four person juror panel. Each side is allowed up to 15 minutes of voir dire and may strike, by peremptory challenge, 2 jurors from an initial juror pool of 12 jurors. Challenges for cause may be made and are governed by the same rules used in district court cases. Each side is allowed up to 3 hours to present their respective cases unless a different time frame is stipulated to by the parties and approved by the court. Within that time frame, the parties must make their opening and closing statements, present their evidence, examine and cross examine witnesses and present any rebuttal witnesses. The intent of the rule is to include all plaintiffs collectively as one and all defendants collectively as one so that each side is allotted up to 3 hours. Pretrial memo’s are still required under NSTR 10. Jury instructions are to be included in pre-trial memorandums and the court is encouraged to use limited jury instructions. Prior to trial, the parties must have a telephonic pre-trial conference with the presiding short trial judge. During the conference, the judge may rule on any motions in limine or any other dispositive type motions. A decision of at least 3 of the 4 jurors is necessary to render a verdict. Absent stipulation, a judgment arising out of the short trial program may not exceed $40,000.00 per plaintiff, exclusive of attorneys fees, costs and pre-judgment interest. The jurors are not notified of any limitations on award. Short trials are to be conducted by the district court or by pro tempore judges. The pro tempore judges must be members of the State Bar of Nevada, display the equivalent of either 15 years of civil trial experience, or be a retired jurist or be a presently acting pro tempore judge with a civil background. The parties are allowed to stipulate to a particular judge within 21 days of the date the case is assigned into the program. Absent such stipulation, three judicial panelists are randomly selected to the parties, each party may strike 1 name within 10 days and the judge shall be selected by the district court from the remaining name(s). The judges are compensated at $150.00 per hour with the maximum per case of $1,500.00. The parties are required to pay this fee equally unless otherwise stipulated between them. Similarly, juror fees are initially born equally by the parties subject to a re-taxing of costs. The scope of judicial review of a short trial verdict is limited to the statutory provisions found in the arbitration code of the Nevada Revised Statutes and, specifically, NRS 38.115 which sets forth procedures for modification or correction of award and NRS 38.145 which sets forth a basis for the vacating of an award. Awards under NRS 38.145 may be vacated only when the award was procured by corruption, fraud or other undue means, or if there was evident partiality by the judge, the judge exceeded his power or refused to postpone the trial upon sufficient cause being shown or conducted the trial in such a way that the rights of one party were substantially prejudiced. Under NRS 38.115, a decision may be modified within 20 days after its entry if there was an evident miscalculation of figures or an evident mistake in the description of a person, thing or property or the award is otherwise imperfect in matter of form not affecting the merits of the controversy. There are many unanswered questions as to the efficiency of the new system and under what circumstances it may be more beneficial to seek to remove an action from mandatory arbitration directly into the program. As the program matures, all sides will gain a better understanding of its advantages and how those advantages may be applied on a case by case basis. Bell and Young welcomes any inquiries as to this program and how its structure may be appropriate to individual cases.
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