(REPRINTED WITH ADOPTED AMENDMENTS)
"                    FIRST REPRINT       S.B. 390" 


    Senate Bill No. 390--Committee on Judiciary

(Requested by Committee for Binding Arbitration)

                  April 21, 1995
                 _____________


        Referred to Committee on Judiciary


SUMMARY--Revises provisions regarding arbitration of 
          civil cases. (BDR 3-1021)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to the arbitration of civil cases; expanding the class 
        of cases subject to mandatory, nonbinding arbitration; 
        eliminating the right to trial after arbitration under the 
        Uniform Arbitration Act; and providing other matters properly 
        relating thereto.

     THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
                AND ASSEMBLY, DO ENACT AS FOLLOWS:



  Section 1.  NRS 38.250 is hereby amended to 
read as follows:
  38.250  1.  All civil actions filed in district court for 
damages, if the cause of action arises in the State of 
Nevada and the amount in issue does not exceed [$25,000] 
\$50,000\\ must be submitted to nonbinding 
arbitration in accordance with the provisions of NRS 38.253, 
38.255 and 38.258.
  2.  A civil action for damages filed in justice's court 
may be submitted to arbitration if the parties agree, orally 
or in writing, to the submission.
  Sec. 2.  NRS 38.255 is hereby amended to read 
as follows:
  38.255  1.  The rules adopted by the supreme court 
pursuant to NRS 38.253 to provide guidelines for the 
establishment by a district court of a program must include 
provisions for a:
  (a) Mandatory program for the arbitration of civil actions 
pursuant to NRS 38.250.
  (b) Voluntary program for the arbitration of civil actions 
if the cause of action arises in the State of Nevada and the 
amount in issue exceeds [$25,000.] \$50,000.\\
  (c) Voluntary program for the use of binding arbitration 
in all civil actions.
  2.  The rules must provide that the district court of any 
judicial district whose population is 100,000 or more:
  (a) Shall establish programs pursuant to paragraphs (a), 
(b) and (c) of subsection 1.
  (b) May set fees and charge parties for arbitration if the 
amount in issue exceeds [$25,000.] \$50,000.\\
The rules may provide for similar programs for the other 
judicial districts.
  3.  The rules must exclude the following from any program 
of mandatory arbitration:
  (a) Actions in which the amount in issue, excluding 
attorney's fees, interest and court costs, is more than 
[$25,000] \$50,000\\ or less than the maximum 
jurisdictional amounts specified in NRS 4.370 and 73.010;
  (b) Class actions;
  (c) Actions in equity;
  (d) Actions concerning the title to real estate;
  (e) Probate actions;
  (f) Appeals from courts of limited jurisdiction;
  (g) Actions for declaratory relief;
  (h) Actions involving divorce or problems of domestic 
relations;
  (i) Actions brought for relief based on any extraordinary 
writs;
  (j) Actions for the judicial review of an administrative 
decision; and
  (k) Actions in which the parties, pursuant to a written 
agreement executed before the accrual of the cause of 
action, have submitted the controversy to arbitration or any 
other alternative method for resolving a dispute.
  4.  The rules must include:
  (a) Guidelines for the award of attorney's fees and 
maximum limitations on the costs to the parties of the 
arbitration;
  (b) Disincentives to appeal; and
  (c) Provisions for trial upon the exercise by either party 
of his right to a trial anew after the arbitration.
  5.  The supreme court shall, on or before February 1 of 
each odd-numbered year, submit a report to the director of 
the legislative counsel bureau for transmittal to the 
chairmen of the assembly and senate standing committees on 
the judiciary. The report must include, for the period since 
the previous such report, if any:
  (a) A listing of the number of actions which were 
submitted to arbitration or other alternative methods of 
resolving disputes pursuant to NRS 38.250 or 38.258 and 
their manner of disposition;
  (b) A statement of the amount of money collected in each 
judicial district pursuant to NRS 19.0315 and a summary of 
the manner in which the fees were expended; and
  (c) Any recommendations for legislation or other 
information regarding the programs on arbitration deemed 
relevant by the supreme court.
  Sec. 3.  NRS 38.109 is hereby repealed.
  Sec. 4.  The amendatory provisions of sections 
1 and 2 of this act do not apply to any civil actions filed 
in a district court before January 1, 1996.
  Sec. 5.  On the effective date of this 
section, the provisions of section 3 of this act eliminate 
any previously existing right to trial pursuant to NRS 
38.109 for all actions:
  1.  Commenced pursuant to the Uniform Arbitration Act for 
which an award pursuant to NRS 38.105 has not been made; or
  2.  In which an award has been made pursuant to NRS 38.105 
and a party to the action has not made a request for a 
trial,
before the effective date of this section.
  Sec. 6.  The provisions of subsection 1 of NRS 
354.599 do not apply to any additional expenses of a local 
government which are related to the provisions of this act.
  Sec. 7.  1.  This section and sections 3 to 6, 
inclusive, of this act become effective upon passage and 
approval.
  2.  Sections 1 and 2 of this act become effective:
  (a) Upon passage and approval for the purpose of adopting 
any rules necessary to carry out the amendatory provisions 
of those sections; and
  (b) On January 1, 1996, for all other purposes.


"T                                                        T" 

                TEXT OF REPEALED SECTION
"T                                                        T" 

  38.109  Trial after arbitration; conditions.  
After an award has been made pursuant to NRS 38.105, either 
party to the action may request a trial on any or all issues 
arising out of the action, subject to all of the following 
conditions:
  1.  The party requesting the trial, or his attorney, shall 
make an oath or affirmation that it is not for the purpose 
of delay that the trial is requested, but for the purpose of 
alleviating an injustice that was done by the arbitrators in 
making the award.
  2.  Such party shall pay all costs that may have accrued 
up to the time the request is made.
  3.  Such a request for a trial shall be made, and all 
costs which have accrued shall be paid within 20 days after 
the decision and award of the arbitrators has been filed 
with the court.

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