Title 3

NRS 38.212 “Knowledge” defined. “Knowledge” means actual knowledge. (Added to NRS by 2001, 1274)

NRS 38.213 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2001, 1274)

NRS 38.214 Notice. 1. Except as otherwise provided in NRS 38.206 to 38.248, inclusive, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the no…

NRS 38.216 Applicability. 1. NRS 38.206 to 38.248, inclusive, govern an agreement to arbitrate made on or after October 1, 2001. 2. NRS 38.206 to 38.248, inclusive, govern an agreement to arbitrate made before October 1, 2001, if all the parties to the agreement or to the arbitra…

NRS 38.217 Waiver of requirements or variance of effects of requirements; exceptions. 1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of NR…

NRS 38.218 Application for judicial relief; service of notice of initial motion. 1. Except as otherwise provided in NRS 38.247, an application for judicial relief under NRS 38.206 to 38.248, inclusive, must be made by motion to the court and heard in the manner provided by rule o…

NRS 38.219 Validity of agreement to arbitrate. 1. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except as otherwise provided in NRS 597.995 or u…

NRS 38.221 Motion to compel or stay arbitration. 1. On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: (a) If the refusing party does not appear or does not oppose the motion, the court shall order…

NRS 38.222 Provisional remedies. 1. Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitral proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitral …

NRS 38.223 Initiation of arbitration. 1. A person initiates an arbitral proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return rec…

NRS 38.224 Consolidation of separate arbitral proceedings. 1. Except as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitral proceeding, the court may order consolidation of separate arbitral proceedings as to all or some of th…

NRS 38.226 Appointment of arbitrator; service as neutral arbitrator. 1. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method…

NRS 38.227 Disclosure of known facts likely to affect impartiality of arbitrator; objection of party based on disclosure; effect of failure to make required disclosure. 1. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reaso…

NRS 38.228 Action by majority. If there are two or more arbitrators, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under subsection 3 of NRS 38.231. (Added to NRS by 2001, 1278)

NRS 38.229 Immunity of arbitrator; competency to testify; attorney’s fees and costs. 1. An arbitrator or an arbitral organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity. 2. The im…

NRS 38.231 Arbitration process. 1. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the…

NRS 38.232 Representation by lawyer. A party to an arbitral proceeding may be represented by a lawyer. (Added to NRS by 2001, 1279)

NRS 38.233 Witnesses; subpoenas; depositions; discovery. 1. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subp…

NRS 38.234 Judicial enforcement of preaward ruling by arbitrator. If an arbitrator makes a preaward ruling in favor of a party to an arbitral proceeding, the party may request the arbitrator to incorporate the ruling into an award under NRS 38.236. A prevailing party may make a m…

NRS 38.236 Award. 1. An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitral organization shall give notice of the award, including a copy of the award, to each…

NRS 38.237 Change of award by arbitrator. 1. On motion to an arbitrator by a party to an arbitral proceeding, the arbitrator may modify or correct an award: (a) Upon a ground stated in paragraph (a) or (c) of subsection 1 of NRS 38.242; (b) Because the arbitrator has not made a f…

NRS 38.238 Remedies; fees and expenses of arbitration proceeding. 1. An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties…

NRS 38.239 Confirmation of award. After a party to an arbitral proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursu…

NRS 38.241 Vacating award. 1. Upon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if: (a) The award was procured by corruption, fraud or other undue means; (b) There was: (1) Evident partiality by an arbit…

NRS 38.242 Modification or correction of award. 1. Upon motion made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, the court shall modi…

NRS 38.243 Judgment on award; attorney’s fees and litigation expenses. 1. Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed …

NRS 38.244 Jurisdiction. 1. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. 2. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on …

NRS 38.246 Venue. A motion pursuant to NRS 38.218 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion m…

NRS 38.247 Appeals. 1. An appeal may be taken from: (a) An order denying a motion to compel arbitration; (b) An order granting a motion to stay arbitration; (c) An order confirming or denying confirmation of an award; (d) An order modifying or correcting an award; (e) An order va…

NRS 38.248 Uniformity of application and construction. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2001, 1283) ARBITRATION OF …

NRS 38.249 “Short trial” defined. As used in NRS 38.249 to 38.259, inclusive, unless the context otherwise requires, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the tri…

NRS 38.250 Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes. 1. Excep…

NRS 38.253 Adoption of rules by Supreme Court; training; administration by district courts; fees; arbitrator deemed employee of court for certain purposes. 1. The Supreme Court shall adopt rules to provide for the establishment of a program of arbitration pursuant to NRS 38.250. …

NRS 38.255 Guidelines for establishment of programs for arbitration. 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 arbitrat…

NRS 38.258 Use of other alternative methods of resolving disputes; adoption of rules and procedures by Supreme Court; limitation on amount awarded for attorney’s fees in short trial. 1. The Supreme Court may authorize the use of settlement conferences and other alternative method…

NRS 38.259 Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury. 1. If an action is submitted to arbitration in accordance with the provisions of NRS 38.249 to 38.259, inclusive, the arbitrator or…

NRS 38.300 Definitions. As used in NRS 38.300 to 38.360, inclusive, unless the context otherwise requires: 1. “Assessments” means: (a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restri…

NRS 38.310 Limitations on commencement of certain civil actions. 1. No civil action based upon a claim relating to: (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulatio…

NRS 38.320 Submission of claim for mediation or referral to program of dispute resolution; contents of claim; fees; service of claim; written answer. 1. Any civil action described in NRS 38.310 must be submitted to mediation or referred to a program by filing a written claim with…

NRS 38.325 Program of dispute resolution: Authority of Division to establish; procedure for claim referred to program. If the Division establishes a program: 1. Upon receipt of a written claim and answer filed pursuant to NRS 38.320 in which all the parties indicate that they wis…

NRS 38.330 Procedure for mediation or arbitration of claim; payment of costs and fees upon failure to obtain a more favorable award or judgment in court. 1. Unless a program has been established and the parties have elected to have the claim referred to a program, the parties sha…

NRS 38.340 Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document. For the purposes of NRS 38.300 to 38.360, inclusive, the Division shall establish and maintain: 1. A list of mediators and arbitrators who are available for med…

NRS 38.350 Statute of limitations tolled. Any statute of limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive, until the conclusion…

NRS 38.360 Administration of provisions by Division; regulations; fees. 1. The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and may adopt such regulations as are necessary to carry out those provisions. 2. All fees collected by the Division pursuan…

NRS 38.400 Short title. NRS 38.400 to 38.575, inclusive, may be cited as the Uniform Collaborative Law Act. (Added to NRS by 2011, 184)