Nev. EDCR 1.66

As amended through June 26, 2024
Rule 1.66 - Medical malpractice matters
(a)Professional negligence/medical malpractice matters defined. "medical malpractice court matters'' shall be:
(1) Matters in which any claim or issue is based on NRS Chapter 41A without regard to the amount in controversy; and
(2) Claims made pursuant to NRS Chapter 41A in the alternative to any other claims.
(b)Assignment of Medical Malpractice Court matters.
(1) Unless otherwise provided in these rules, medical malpractice court matters shall be divided among those judges designated as medical malpractice court judges by the chief judge.
(2) Any party in a case may file a request in the pleadings that a case be assigned as a medical malpractice court matter. A request may be made by a plaintiff, applicant, or petitioner the caption of the initial complaint, application, or petition. If the request is made in the caption of the initial complaint, application, or petition, the matter will be automatically assigned as a medical malpractice court matter by the clerk's office. If the request is made by a party other than the plaintiff/applicant/petitioner in the caption of its initial appearance or response, then the case shall be randomly assigned to a medical malpractice court judge for determination as to whether the case should be handled as a medical malpractice court matter.
(3) Any party aggrieved by the designation of a case as a medical malpractice matter may seek review by the medical malpractice court judge within 14 days of receipt of the assignment of the case to the judge or within 14 days of filing a responsive pleading, whichever is later.
(4) The medical malpractice court judge shall decide whether a case is or is not a medical malpractice matter. Any matter not deemed a medical malpractice matter shall be randomly reassigned if it was originally assigned to the Medical Malpractice Court judge. If a case was submitted to the medical malpractice court judge to determine whether it is a medical malpractice matter and the medical malpractice court judge rules that it is not, that case will be reassigned to the department from which it came.
(c)Peremptory challenge. In those instances where one of the medical malpractice court judges is peremptorily challenged pursuant to SCR 48.1, recused, or disqualified, the case shall be randomly reassigned to another medical malpractice court judge by the office of the clerk of the court. If all medical malpractice court judges have been recused or disqualified, then the case shall be reassigned by the chief judge to a judge in the General Jurisdiction Division. Should such judge be recused or disqualified, the chief judge will then reassign the case to another judge in the General Jurisdiction Division.

Nev. EDCR 1.66

Adopted April 26, 2024, effective 6/25/2024.