Nevada Code § 38.259

Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury
Open in Lexace · Ask the AI about this section
1. If an action is submitted to
arbitration in accordance with the provisions of NRS 38.249 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 38.249 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.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.