Eighth Judicial Court Rules

Rule 1.91 – Arbitration/Alternative Dispute Resolution Commissioner.

Rule 1.91 – Arbitration/Alternative Dispute Resolution Commissioner.

  • (a) The district judges serving in the civil/criminal division may appoint an arbitration/alternative dispute resolution commissioner to serve at the pleasure of the court. The arbitration/alternative dispute resolution commissioner shall have the responsibilities and powers conferred by the Nevada Arbitration Rules (NAR) and the Nevada Short Trial Rules (NSTR) and such other alternative dispute resolution mechanisms contemplated by NRS 38.250 as may from time to time be promulgated, including without limitation, the power to issue decisions, determinations and other rulings on matters as provided in the NAR and NSTR, and to make findings and recommendations to the court regarding any dispositive matter such as violations of NAR 12 or for any other reason as provided in the NAR, NSTR, Nevada Rules of Civil Procedure, District Court Rules and/or the Eighth Judicial District Court Rules, or as otherwise provided by statute.

          (b) Upon reasonable notice, the arbitration/alternative dispute resolution commissioner may direct parties to appear for a conference with the commissioner concerning any matter related thereto. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the commissioner. Counsel may not stipulate to vacate or continue a conference without the commissioner’s consent. Following the hearing on any matter, the commissioner may prepare and file a decision, determination or other ruling, or make findings and recommendations as provided herein.

          (c) Any matter concerning the NAR and NSTR may be referred by any district judge to the arbitration/alternative dispute resolution commissioner for a hearing in order to make findings and recommendations to the court.

          (d) Following the hearing of any dispositive matter as provided in subdivision (a) of this rule or following the hearing of any matter as provided in subdivision (c) of this rule, the commissioner must prepare and file a report with a recommendation for the court’s order. The commissioner may direct counsel to prepare the commissioner’s report including the findings and recommendations in accordance with Rules 7.21 and 7.23. The commissioner or the commissioner’s designee shall forthwith serve a copy of the report on all parties. The report is deemed received 3 days after the commissioner or the commissioner’s designee places a copy in the attorney’s file in the clerk’s office or 3 days after mailing to a party or a party’s attorney. Within 5 days after being served with a copy, any party may serve and file specific written objections to the recommendations with a courtesy copy delivered to the office of the arbitration/alternative dispute resolution commissioner. No points and authorities from any party or oral argument are permitted without leave of court.

          [Added; effective January 1, 2003.]