Rule 39A - Jury Trial Procedures(a)Calendaring. Unless otherwise stipulated to by the parties, or for good cause shown, jury trials must be calendared, depending on judicial availability, to commence not later than 120 days from the date that a request for trial or scheduling order was filed.(b)Reporting of Testimony. Formal reporting of the jury trial proceedings will not be provided by the court. All arrangements for court reporting must be arranged in accordance with local rules and paid for by the party or parties requesting the same.(c)Time Limits for Conduct of Trial. Plaintiffs) and defendant(s) will be allowed 2 hours each to present their respective cases unless a different time frame is granted by the court. Presentation includes opening statements, closing statements, presentation of evidence, examination and cross-examination of witnesses, and any other information to be presented to the jury or court, including rebuttal. Cross-examination of witnesses must be attributed to the party cross-examining for calculation of time allowed. For the purposes of this rule, all plaintiffs collectively must be treated as one plaintiff, and all defendants collectively must be treated as one defendant.(d)Pretrial Memorandum. No later than 45 days before the scheduled jury trial, the parties must file with the court a joint pretrial memorandum. Before the deadline for filing the memorandum, the parties must meet, personally or telephonically, to discuss and prepare the memorandum. The memorandum must contain: (1) A brief statement of the nature of the claim(s) and defense(s).(2) A complete list of witnesses, including rebuttal and impeachment witnesses, and a description of the substance of the testimony of each witness.(4) All other matters to be discussed at pretrial conference.(5) All proposed jury instructions. Standard jury instructions should be taken from the Nevada Pattern Civil Jury Instruction Booklet unless a particular instruction has been disapproved by the Nevada Supreme Court. If a proposed instruction is taken from a source other than the Nevada Pattern Civil Jury Instruction Booklet, the proposed instruction shall include citation to, and a copy of, the statute, rule, or caselaw supporting the proposed instruction. The court shall encourage limited jury instructions.(6) All objections to proposed jury instructions.(7) Any other requirements under local rules.(e)Evidentiary Objections. No later than 30 days before the scheduled jury trial, the parties must file with the court, and serve upon opposing counsel, all evidentiary objections to reports, documents, or other items proposed to be utilized as evidence and presented to the jury or trial judge at the time of trial, and all motions in limine. All oppositions to evidentiary objections or motions in limine must be filed and served no later than 20 days before the scheduled jury trial. No replies or supplemental pleadings are permitted.(f)Experts.(1)Form of Expert Evidence. The parties are not required to present oral testimony from experts and are encouraged to use written reports in lieu of oral testimony in court.(2)Use of Oral Testimony; Disclosure. If a party elects to use oral testimony, that party must include the expert's name on the witness list submitted with the pretrial memorandum under subsection (d) of this rule. At the court's discretion, oral testimony may be provided by telephone or other remote electronic means.(3)Use of Written Report; Disclosure. If a party elects to use a written report, that party must provide a copy of the written report to other parties no later than 30 days before the scheduled trial. Any written report intended solely to contradict or rebut another written report must be provided to other parties no later than 15 days before the scheduled trial.(4)Qualification of Expert Witness. No later than 30 days before the scheduled trial, the parties must file with the court and serve on each other any documents establishing an expert's qualifications to testify as an expert on a given subject. There must be no voir dire of an expert regarding that expert's qualifications. The trial judge may rule on any disputes regarding the qualifications of an expert during the pretrial conference under subsection (g) of this rule.(5)Cap on Recovery for Expert Witness Fees. Recovery for expert witness fees is limited to $500 per expert.(6)Scope of Rule. For purposes of this rule, a treating physician is an expert witness.(g)Pretrial Conference. At a time set by the court, the parties must have a conference with the trial judge to discuss all matters needing attention prior to the trial date. At the discretion of the trial judge, such conference may be conducted telephonically. During the pretrial conference, the judge may rule on any motions or disputes, including motions to exclude evidence, witnesses, jury instructions, or other pretrial evidentiary matters.(h)Evidentiary Booklets. Each, party must create an evidentiary booklet that contains all exhibits and evidence to be presented. Plaintiffs' proposed exhibits must be marked 1, 2, 3, etc., and defense exhibits must be marked A, B, C, etc. The booklet must be submitted with the joint pretrial memorandum. Any evidentiary objections relating to any proposed exhibit must be raised pursuant to Rule 39A(e) or shall be deemed waived.(i)Attorney Fees and Costs.(1) The prevailing party at a jury trial is entitled to all recoverable fees, costs, and interest pursuant to statute or Rule 68.(2) An award of attorney fees under subsection (i)(1) of this rule may not exceed a total of $3,000, unless recoverable attorney fees are governed by a written agreement between the parties allowing a greater award.Nev. Justice. Ct. R. Civ. P. 39A
Added effective 7/1/2005; amended May 12, 2023, effective 7/12/2023.