How Are the Discovery Rules Changed in a Las Vegas Personal Injury Arbitration Case?

 

If you have read my prior posts, you know that Las Vegas personal injury cases with a value of $50,000.00 or less, must go into Nevada’s court mandated arbitration program. The initial purpose of the program was to provide a speedy and cost-effective option for smaller personal injury cases. To further that end, once the case has been accepted into the program, the general strict rules of discovery as set forth in Nevada Rule of Civil Procedure, Rule 16.1, do not apply. See Nevada Arbitration Rules (“NAR”), Rule 4. 

Instead, NAR, Rule 11 applies. According to NAR Rule 11, within 30 days from the appointment of the arbitrator, the parties’ attorneys will usually have a telephone conference with the arbitrator, to create a streamlined discovery plan. Because NAR Rule 11 says that discovery cannot be costly or burdensome, the written discovery is typically limited, as is the length of time a deposition can last.
 
During the actual arbitration hearing, the arbitrator will also typically relax the rules of evidence and procedure. See NAR, Rule 8. So, in an arbitration, the laying of a foundation or establishing a chain of custody, does not generally have to be done. Also, depending on what the arbitrator allows, witnesses can make “hearsay” statements, which would generally be excluded in a regular court of law. 
 
Next time, we will discuss how to file an exemption from the Nevada’s mandated arbitration program.