1. If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions of law, make written findings in accordance with this subsection concerning each cause of action. The written findings must be in substantially the following form, with "panel of arbitrators" being substituted for "arbitrator" when appropriate:
Based upon the evidence presented at the arbitration hearing concerning the cause of action for ................, the arbitrator finds in favor of ................(name of the party) and ................("awards damages in the amount of $................" or "does not award any damages on that cause of action").
2. If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, and, after arbitration, a party requests a trial anew before a jury:
(a) The written findings made by the arbitrator or the panel of arbitrators pursuant to subsection 1 must be admitted at trial. The testimony of the arbitrator or arbitrators, whenever taken, must not be admitted at trial, and the arbitrator or arbitrators must not be deposed or called to testify concerning the arbitration. Any other evidence concerning the arbitration must not be admitted at trial, unless the admission of such evidence is required by the Constitution of this State or the Constitution of the United States.
(b) The court shall give the following instruction to the jury concerning the action, substituting "panel of arbitrators" for "arbitrator" when appropriate:
During the course of this trial, certain evidence was admitted concerning the findings of an arbitrator. On the cause of action for ................, the arbitrator found in favor of ................(name of the party) and ................("awarded damages in the amount of $................" or "did not award any damages on that cause of action"). The findings of the arbitrator may be given the same weight as other evidence or may be disregarded. However, you must not give those findings undue weight because they were made by an arbitrator, and you must not use the findings of the arbitrator as a substitute for your independent judgment. You must weigh all the evidence that was presented at trial and arrive at a conclusion based upon your own determination of the cause of action.
3. The court shall give a separate instruction pursuant to paragraph (b) of subsection 2 for each such cause of action that is tried before a jury.
(Added to NRS by 1999, 851)
Structure Nevada Revised Statutes
Chapter 38 - Mediation and Arbitration
NRS 38.208 - Arbitral organization" defined.
NRS 38.209 - Arbitrator" defined.
NRS 38.212 - Knowledge" defined.
NRS 38.217 - Waiver of requirements or variance of effects of requirements; exceptions.
NRS 38.218 - Application for judicial relief; service of notice of initial motion.
NRS 38.219 - Validity of agreement to arbitrate.
NRS 38.221 - Motion to compel or stay arbitration.
NRS 38.222 - Provisional remedies.
NRS 38.223 - Initiation of arbitration.
NRS 38.224 - Consolidation of separate arbitral proceedings.
NRS 38.226 - Appointment of arbitrator; service as neutral arbitrator.
NRS 38.228 - Action by majority.
NRS 38.229 - Immunity of arbitrator; competency to testify; attorney’s fees and costs.
NRS 38.231 - Arbitration process.
NRS 38.232 - Representation by lawyer.
NRS 38.233 - Witnesses; subpoenas; depositions; discovery.
NRS 38.234 - Judicial enforcement of preaward ruling by arbitrator.
NRS 38.237 - Change of award by arbitrator.
NRS 38.238 - Remedies; fees and expenses of arbitration proceeding.
NRS 38.239 - Confirmation of award.
NRS 38.242 - Modification or correction of award.
NRS 38.243 - Judgment on award; attorney’s fees and litigation expenses.
NRS 38.248 - Uniformity of application and construction.
NRS 38.255 - Guidelines for establishment of programs for arbitration.
NRS 38.310 - Limitations on commencement of certain civil actions.
NRS 38.350 - Statute of limitations tolled.
NRS 38.360 - Administration of provisions by Division; regulations; fees.
NRS 38.410 - "Collaborative law communication" defined.
NRS 38.415 - "Collaborative law participation agreement" defined.
NRS 38.420 - "Collaborative law process" defined.
NRS 38.425 - "Collaborative lawyer" defined.
NRS 38.430 - "Collaborative matter" defined.
NRS 38.435 - "Law firm" defined.
NRS 38.440 - "Nonparty participant" defined.
NRS 38.450 - "Person" defined.
NRS 38.455 - "Proceeding" defined.
NRS 38.460 - "Prospective party" defined.
NRS 38.465 - "Record" defined.
NRS 38.470 - "Related to a collaborative matter" defined.
NRS 38.480 - "Tribunal" defined.
NRS 38.505 - Approval of agreement by tribunal.
NRS 38.525 - Disclosure of information during process.
NRS 38.545 - Confidentiality of collaborative law communication.
NRS 38.555 - Waiver and preclusion of privilege.
NRS 38.560 - Limits of privilege.
NRS 38.565 - Authority of tribunal in case of noncompliance.
NRS 38.570 - Applying and construing Uniform Act to promote uniformity.
NRS 38.575 - Relation to Electronic Signatures in Global and National Commerce Act.