[Rev. 5/20/2016 11:40:09 AM--2015]

NEVADA ALTERNATE TRIAL RULES

ADOPTED

BY THE

SUPREME COURT OF NEVADA

 

____________

 

Effective September 8, 2014

and Including

Amendments Through March 1, 2016

 

 

 

 

 

IN THE SUPREME COURT OF THE STATE OF NEVADA

In the Matter of the Amendment of the NEVADA SHORT TRIAL RULES to Provide for Alternate Trials.

ADKT 447

ORDER ADOPTING ALTERNATE TRIAL RULES

      Whereas, on June 23, 2010, this court adopted rules for alternate bench and jury trials as a pilot program; and

      Whereas, the pilot program has run successfully and been well-received since its adoption; and

      Whereas, this court proposed making the alternate trial program permanent, solicited and received public comment on the proposal, and conducted a public hearing on June 5, 2014; and

      Whereas, this court has determined that such change is warranted; accordingly,

      It Is Hereby Ordered that the Alternate Trial Rules are adopted and shall read as set forth in Exhibit A.

      It Is Further Ordered that these rules shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rules.

      Dated this 7th day of August, 2014.

 

BY THE COURT

Mark Gibbons, Chief Justice

Kristina Pickering                                                                     James W. Hardesty

      Associate Justice                                                                            Associate Justice

Ron D. Parraguirre                                                                    Michael L. Douglas

      Associate Justice                                                                            Associate Justice

Michael A. Cherry                                                                     Nancy M. Saitta

      Associate Justice                                                                            Associate Justice

 

 

 

 

TABLE OF CHANGES TO NEVADA ALTERNATE TRIAL RULES

Key: “A” amended; “N” added; “R” repealed; “T” transferred.

                                                                                               Effective

Rule                            Key                                                        Date 

  1..................... N.................................. 9/8/14

  2..................... N.................................. 9/8/14

  3..................... N.................................. 9/8/14

  4..................... N.................................. 9/8/14

  5..................... N.................................. 9/8/14

  6..................... N.................................. 9/8/14

  7..................... N.................................. 9/8/14

  8..................... N.................................. 9/8/14

  9..................... N.................................. 9/8/14

  10................... N.................................. 9/8/14

  11................... N.................................. 9/8/14

  12................... N.................................. 9/8/14

 

 

Forms

                                                                                                                     Effective

                    Form                                                          Key                          Date

Stipulation for Alternate Trial............ N................ 9/8/14

Judgment on Alternate Trial............... N................ 9/8/14

 

 

      Rule 1.  Notwithstanding the amount in controversy, parties to a case pending in district court may stipulate at any time in writing to conduct an alternate bench or jury trial and to select an alternate trial judge who shall conduct all further proceedings in the case. The stipulation shall be signed by counsel and the parties, set forth the name of the alternate trial judge, and shall be filed and served upon the district court judge assigned to the case and, if applicable, the Alternative Dispute Resolution (ADR) commissioner.

      [Added; effective September 8, 2014.]

      Rule 2.  The written stipulation to conduct an alternate trial shall be submitted to the district court forthwith. Upon approval, all proceedings shall thereafter be conducted by the alternate trial judge, but all pleadings in the case must be filed in the district court in accordance with the Nevada Rules of Civil Procedure, the local district court rules, and the Nevada Rules of Appellate Procedure.

      [Added; effective September 8, 2014.]

      Rule 3.  The alternate trial judge must be a pro tempore judge pursuant to Nevada Short Trial Rule (NSTR) 3(c), commissioned as a senior justice or senior district judge, or a person who previously served as a supreme court justice or district judge for at least four consecutive years and not have been removed from office by the Nevada Judicial Discipline Commission. All alternate trial judges shall be paid directly by the parties according to amounts and terms set forth in the stipulation.

      [Added; effective September 8, 2014.]

      Rule 4.  The stipulation and the district court order approving the stipulation must require that all of the costs of the alternate trial, including but not limited to compensation for the alternate trial judge, jury, clerk, bailiff, and reporter/recorder, shall be paid by the parties. The parties shall pay the cost of the facilities for the trial. All of the costs set forth above shall be considered taxable court costs under NRS 18.005 but may be allocated among the parties by stipulation.

      [Added; effective September 8, 2014.]

      Rule 5.  Should the parties stipulate to an alternate jury trial, jurors must be eligible to serve under NRS 6.010. The alternate trial judge shall constitute and compensate the jury venire, unless the parties stipulate to use jurors provided in NSTR 23, which jurors shall be compensated in the manner provided therein. Upon request of the alternate trial judge, the jury panel may be summoned by the district judge approving the stipulation for an alternate trial.

      [Added; effective September 8, 2014.]

      Rule 6.  Except as modified by this order, alternate trials shall be governed by the Nevada Rules of Civil Procedure, NRS Chapter 16 regarding trials by jury, Nevada’s Statutes and jurisprudence governing the admission of evidence, the local district court rules and the Nevada Short Trial Rules; however, the parties may stipulate to modify any of the procedures set forth in the Nevada Short Trial Rules.

      [Added; effective September 8, 2014.]

      Rule 7.  All alternate trials shall be open to the public. The proceedings and pleadings shall not be sealed by the alternate trial judge except in accordance with SCR Part VII (Rules Governing Sealing and Redacting Court Records).

      [Added; effective September 8, 2014.]

      Rule 8.  Not later than 10 days after a jury verdict or findings of facts and conclusions of law in a bench trial, the alternate trial judge shall submit to the district court judge, to whom the case is assigned, a proposed judgment. Written notice of the proposed judgment shall be served on the parties.

      [Added; effective September 8, 2014.]

      Rule 9.  A proposed judgment from an alternate trial judge is not effective or final until expressly approved by the district court as evidenced by the signature of the district court judge on an order approving the proposed judgment or post-judgment order entered in district court.

      [Added; effective September 8, 2014.]

      Rule 10.  The district court judge shall enter an order approving the proposed judgment, together with any post-judgment order, which shall constitute the final judgment in the case. The date of filing the judgment in the district court shall commence the time period in which to file post-judgment motions before the alternate trial judge together with the filing of a notice of appeal to the Nevada Supreme Court.

      [Added; effective September 8, 2014.]

      Rule 11.  Any party aggrieved by the final judgment shall have the right to file a direct appeal of that judgment to the supreme court under the provisions of the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure, and the standard of review shall be the same as for a district court bench or jury trial.

      [Added; effective September 8, 2014.]

      Rule 12.  Parties participating in an alternate trial may waive appeal by stipulating in writing to be bound by the proposed judgment of the alternate trial judge.

      [Added; effective September 8, 2014.]

FORMS

Stipulation for Alternate Trial

 

(TITLE OF COURT)

 

Civil Action, File Number ________

 

Plaintiff,

 

      vs.

 

Defendant.

 

 

 

    Stipulation

 

 

 

      IT IS HEREBY STIPULATED by and between the parties that they shall conduct an alternate (bench or jury) trial pursuant to Supreme Court Administrative Docket Number 447.

 

      IT IS FURTHER STIPULATED that ___________________________________ shall act as the alternate trial judge and shall be compensated at the rate of (insert hourly or daily rate).

 

      IT IS FURTHER STIPULATED that all costs of the alternate trial, including but not limited to compensation for the alternate trial judge, jury, clerk, bailiff, and reporter/recorder, shall be paid by the parties. The parties shall pay the costs of the facilities for the trial. All of the costs set forth above shall be taxable under NRS 18.005 and shall be allocated among the parties as follows:

________________________________________________________________ .

 

      IT IS FURTHER STIPULATED that the jury venire shall be summoned by the alternate trial judge.

 

      IT IS FURTHER STIPULATED that the procedures set forth in the Nevada Short Trial Rules are modified as follows:      

________________________________________________________________ .

 

      Dated this _____ day of __________, 20___.

                (signed by all attorneys or parties in proper person)

 

      It is so ORDERED this _____ day of __________, 20___.

 

                                                                                ______________________________

                                                                                  District Judge

Judgment on Alternate Trial

 

(TITLE OF COURT)

 

Civil Action, File Number ________

 

Plaintiff,

 

      vs.

 

Defendant.

 

 

 

    Judgment

 

 

 

      This action came on for trial before an alternate judge [and jury], ____________________, Alternate Trial Judge, presiding, and the issues having been duly tried and the judge [jury] having duly rendered the verdict,

 

      It is Ordered and Adjudged: _______________________________________ .

 

      Dated this_____ day of __________, 20_____.

 

                                                                                                ________________________

                                                                                                Alternate Trial Judge

 

      It is so ORDERED this_____ day of __________, 20_____.

 

                                                                                                ________________________

                                                                                                District Judge