Eighth Judicial Court Rules

Rule 1.61 – Assignment of business matters.

Rule 1.61. Assignment of business matters.

  • (a) Business matters defined. “Business matters” shall be:

    (1) Matters in which the primary claims or issues are based on, or will require decision under NRS Chapters 78-92A or other similar statutes from other jurisdictions, without regard to the amount in controversy;

    (2) Any of the following:

    (i) Claims or cases arising under the Uniform Commercial Code, or as to which the Code will supply the rule of decision;

    (ii) Claims arising from business torts;

    (iii) Claims arising from the purchase or sale of (A) the stock of a business, (B) all or substantially all of the assets of a business, or (C) commercial real estate; or

    (iv) Business franchise transactions and relationships.

    (b) Examples of cases that are not business matters. Examples of cases which are not business matters include, but are not limited to, those for which the predominant legal issues are centered on:

    (1) Personal injury;

    (2) Products liability;

    (3) Claims brought by a consumer individually or as a representative of a class against a business;

    (4) Landlord-tenant disputes involving residential property;

    (5) Occupational health or safety;

    (6) Environmental claims which do not arise as a result of the sale or disposition of a business subject to subsection (a)(2)(iii), above;

    (7) Eminent domain;

    (8) Malpractice;

    (9) Employment law, including but not limited to wrongful termination of employment;

    (10) Administrative agency, tax, zoning, and other appeals;

    (11) Petition actions involving public elections;

    (12) Residential real estate disputes between individuals or between an individual and an association of homeowners;

    (13) Claims to collect professional fees;

    (14) Declaratory judgment as to insurance coverage for a personal injury or property damage action;

    (15) Proceedings to register or enforce a judgment regardless of the nature of the underlying case;

    (16) Actions by insurers to collect premiums or rescind policies;

    (17) Construction defect claims involving primarily residential units;

    (18) The granting, denying, or withholding of governmental approvals, permits, licenses, variances, registrations, or findings of suitability; and

    (19) Cases filed under NRS 3.223 in the family division.

    (c) Assignment of business matters.

    (1) Unless otherwise provided in these rules, business matters shall be divided among those full-time civil judges designated as business court judges by the chief judge.

    (2) Any party in a case may file a request in the pleadings that a case be assigned as a business matter. A request may be made by a plaintiff or petitioner in the caption of the initial complaint or petition by identifying the category that provides the basis for assignment as a business matter. If the request is made in the caption of the initial complaint or petition, the matter will be automatically assigned as a business matter by the clerk’s office. If the request is made by a party in the caption of its initial appearance or response, other than the plaintiff/petitioner, then the case shall be randomly assigned to a business court judge for determination as to whether the case should be handled as a business matter.

    (3) Any party aggrieved by designation of a case as a business matter may seek review by the business court judge within ten (10) days of receipt of the assignment of the case to a business court judge or within ten (10) days of filing a responsive pleading, whichever is later.

    (4) The business court judge shall decide whether a case is or is not a business matter and that decision shall not be appealable or reviewable by writ. Any matter not deemed a business matter shall be randomly reassigned if it was originally assigned to the business court judge. If a case was submitted to the business court judge to determine whether it is a business matter and the business court judge rules that it is not, that case will be remanded to the department from which it came.

    (d) Peremptory challenge. In those instances where one of the business court judges is peremptorily challenged pursuant to SCR 48.1, or recuses or is disqualified, the case shall be assigned to another business court judge. If all business court judges are ineligible to sit, then the case shall be assigned to the alternative judge. In those instances where all business court judges and the alternative judge are ineligible to sit, then the case shall be assigned to the chief judge.

    [Added; effective January 1, 2001; amended; effective July 22, 2009.]