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...
The Nevada judicial system has continued to refine its attempt to route smaller cases (generally those with a value of under $40,000) away from district court jury trials and through a series of alternative dispute resolution programs.In Washoe County, Nevada, there are two basic choices in cases of this nature.First, parties can proceed through arbitration. In this form of alternative dispute...
Nevada laws recognize that insurers owe special duties to their insureds and protections are set forth, both in Nevada statutes and in Nevada regulations, to protect insureds from their insurance companies. Nevada law allows for punitive damages to be awarded against an insurer that breaches certain obligations to its insured. While numerous claims against an insurance company are possible in...
Florida attorney Bob Carroll notes that a Florida newspaper recently posed questions to consider in the context of whether to impose damage caps:How much is the lifetime use of a right arm worth? What is fair compensation for spending 60 years blind because of a doctor's error? If a surgeon makes a mistake and cuts a nerve during routine surgery, forcing you to eat and drink through a tube for...
Much of litigation in Nevada is governed by the Nevada Rules of Civil Procedure.On January 1, 2005 major amendments to the rules became effective. It's difficult to teach old lawyers (and judges) new tricks, though, and many district courts here are only now requiring compliance. The new rules track the Federal Rules in numerous respects and require parties to think about and organize cases...
There are numerous types of courts in Nevada, but injury cases are generally handled in the Nevada district court system.Generally speaking, there are two phases to most cases: 1) the settlement phase, and 2) the litigation phase. The litigation phase of a case can be divided into three distinct stages: 1) the complaint and answer stage, 2) the discovery stage, and 3) the trial stage.This is the...
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