As I indicated a blog or two ago, cases that are appealed from arbitration or fail in mediation may proceed into Nevada's Short Trial Program. Here's an overview of that program:
-A presiding judge is appointed and hears all motions.
-The parties exchange document and witness lists and meet for a pretrial conference to chart out the course of the case.
-The case is calendared and set for trial to commence not later than 120 days from the date the judge was assigned.
-Parties may quote from depositions rather than call witnesses, and other evidentiary rules are relaxed.
-Expert witnesses may be used but the use of live expert testimony is discouraged.
-A jury of 4 to 6 members is chosen.
-A judgment may not exceed $40,000.00 per plaintiff.
-Diehard parties may appeal a case within the Short Trial Program directly to the Nevada Supreme Court.
I'll discuss incentives and financial risks built into Nevada's ADR system in my next blog or two.