Nevada 2025 Regular Session

Nevada Assembly Bill AB3 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	A.B. 3
4	4
5	5	- AB3
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7	7	ASSEMBLY BILL NO. 3–COMMITTEE ON JUDICIARY
8	8
9	9	(ON BEHALF OF THE NEVADA SUPREME COURT)
10	10
11	11	PREFILED SEPTEMBER 27, 2024
12	12	____________
13	13
14	14	Referred to Committee on Judiciary
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16	16	SUMMARY—Increases the monetary threshold for mandatory
17	17	nonbinding arbitration in civil actions. (BDR 3-472)
18	18
19	19	FISCAL NOTE: Effect on Local Government: No.
20	20	Effect on the State: No.
21	21
22	22	~
23	23
24	24	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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26	26
27	27	AN ACT relating to civil actions; increasing the monetary threshold
28	28	for mandatory nonbinding arbitration in civil actions; and
29	29	providing other matters properly relating thereto.
30	30	Legislative Counsel’s Digest:
31	31	Existing law requires, with certain exceptions, civil actions for damages that do 1
32	32	not exceed $50,000 per plaintiff to be submitted to nonbinding arbitration. (NRS 2
33	33	38.250, 38.255) Section 1 of this bill increases the monetary threshold for 3
34	34	mandatory nonbinding arbitration in civil actions to $100,000 per plaintiff. Section 4
35	35	2 of this bill makes a conforming change to reflect that the monetary threshold 5
36	36	for mandatory nonbinding arbitration is increased to $100,000 per plaintiff by 6
37	37	section 1. 7
38	38
39	39
40	40	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
41	41	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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43	43	Section 1. NRS 38.250 is hereby amended to read as follows: 1
44	44	38.250 1. Except as otherwise provided in NRS 38.310: 2
45	45	(a) All civil actions filed in district court for damages, if the 3
46	46	cause of action arises in the State of Nevada and the amount in issue 4
47	47	does not exceed [$50,000] $100,000 per plaintiff, exclusive of 5
48	48	attorney’s fees, interest and court costs, must be submitted to 6
49	49	nonbinding arbitration in accordance with the provisions of NRS 7
50	50	38.250 to 38.259, inclusive, unless the parties have agreed or are 8
51	51	otherwise required to submit the action to an alternative method of 9
52	52	– 2 –
53	53
54	54
55	55	- AB3
56	56	resolving disputes established by the Supreme Court pursuant to 1
57	57	NRS 38.258, including, without limitation, a settlement conference, 2
58	58	mediation or a short trial. 3
59	59	(b) A civil action for damages filed in justice court may be 4
60	60	submitted to binding arbitration or to an alternative method of 5
61	61	resolving disputes, including, without limitation, a settlement 6
62	62	conference or mediation, if the parties agree to the submission. 7
63	63	2. An agreement entered into pursuant to this section must be: 8
64	64	(a) Entered into at the time of the dispute and not be a part of 9
65	65	any previous agreement between the parties; 10
66	66	(b) In writing; and 11
67	67	(c) Entered into knowingly and voluntarily. 12
68	68	 An agreement entered into pursuant to this section that does not 13
69	69	comply with the requirements set forth in this subsection is void. 14
70	70	3. As used in this section, “short trial” means a trial that is 15
71	71	conducted, with the consent of the parties to the action, in 16
72	72	accordance with procedures designed to limit the length of the trial, 17
73	73	including, without limitation, restrictions on the amount of 18
74	74	discovery requested by each party, the use of a jury composed of not 19
75	75	more than eight persons and a specified limit on the amount of time 20
76	76	each party may use to present the party’s case. 21
77	77	Sec. 2. NRS 38.255 is hereby amended to read as follows: 22
78	78	38.255 1. The rules adopted by the Supreme Court pursuant 23
79	79	to NRS 38.253 to provide guidelines for the establishment by a 24
80	80	district court of a program must include provisions for a: 25
81	81	(a) Mandatory program for the arbitration of civil actions 26
82	82	pursuant to NRS 38.250. 27
83	83	(b) Voluntary program for the arbitration of civil actions if the 28
84	84	cause of action arises in the State of Nevada and the amount in issue 29
85	85	exceeds [$50,000] $100,000 per plaintiff, exclusive of attorney’s 30
86	86	fees, interest and court costs. 31
87	87	(c) Voluntary program for the use of binding arbitration in all 32
88	88	civil actions. 33
89	89	2. The rules must provide that the district court of any judicial 34
90	90	district whose population is 100,000 or more: 35
91	91	(a) Shall establish programs pursuant to paragraphs (a), (b) and 36
92	92	(c) of subsection 1. 37
93	93	(b) May set fees and charge parties for arbitration if the amount 38
94	94	in issue exceeds [$50,000] $100,000 per plaintiff, exclusive of 39
95	95	attorney’s fees, interest and court costs. 40
96	96	 The rules may provide for similar programs for the other judicial 41
97	97	districts. 42
98	98	3. The rules must exclude the following from any program of 43
99	99	mandatory arbitration: 44
100	100	– 3 –
101	101
102	102
103	103	- AB3
104	104	(a) Actions in which the amount in issue, excluding attorney’s 1
105	105	fees, interest and court costs, is more than [$50,000] $100,000 or 2
106	106	less than the maximum jurisdictional amounts specified in NRS 3
107	107	4.370 and 73.010; 4
108	108	(b) Class actions; 5
109	109	(c) Actions in equity; 6
110	110	(d) Actions concerning the title to real estate; 7
111	111	(e) Probate actions; 8
112	112	(f) Appeals from courts of limited jurisdiction; 9
113	113	(g) Actions for declaratory relief; 10
114	114	(h) Actions involving divorce or problems of domestic relations; 11
115	115	(i) Actions brought for relief based on any extraordinary writs; 12
116	116	(j) Actions for the judicial review of an administrative decision; 13
117	117	(k) Actions in which the parties, pursuant to a written agreement 14
118	118	executed before the accrual of the cause of action or pursuant to 15
119	119	rules adopted by the Supreme Court, have submitted the controversy 16
120	120	to arbitration or any other alternative method for resolving a dispute; 17
121	121	(l) Actions that present unusual circumstances that constitute 18
122	122	good cause for removal from the program; 19
123	123	(m) Actions in which any of the parties is incarcerated; and 20
124	124	(n) Actions submitted to mediation pursuant to rules adopted by 21
125	125	the Supreme Court. 22
126	126	4. The rules must include: 23
127	127	(a) Provisions for the payment of fees to an arbitrator who is 24
128	128	appointed to hear a case pursuant to the rules. The rules must 25
129	129	provide that an arbitrator must be compensated at a rate of $100 per 26
130	130	hour, to a maximum of $1,000 per case, unless otherwise authorized 27
131	131	by the arbitration commissioner for good cause shown. 28
132	132	(b) Guidelines for the award of attorney’s fees and maximum 29
133	133	limitations on the costs to the parties of the arbitration. 30
134	134	(c) Disincentives to appeal. 31
135	135	(d) Provisions for trial upon the exercise by either party of the 32
136	136	party’s right to a trial anew after the arbitration. 33
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138	138	H
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