reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.258 - Use of other alternative methods of resolving disputes; adoption of rules by Supreme Court.

1. The Supreme Court may authorize the use of settlement conferences and other alternative methods of resolving disputes, including, without limitation, mediation and a short trial, that are available in the county in which a district court is located:
(a) In lieu of submitting an action to nonbinding arbitration pursuant to NRS 38.250; or
(b) During or following such nonbinding arbitration if the parties agree that the use of any such alternative methods of resolving disputes would assist in the resolution of the dispute.
2. If the Supreme Court authorizes the use of an alternative method of resolving disputes pursuant to subsection 1, the Supreme Court shall adopt rules and procedures to govern the use of any such method.
3. As used in this section, "short trial" has the meaning ascribed to it in NRS 38.250.
(Added to NRS by 1991, 1344; A 1999, 1380; 2005, 393)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 38.250 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 38.250 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.
(Added to NRS by 1999, 851)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 restrictions, including any late charges, interest and costs of collecting the charges; and
(b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to (o), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.
2. "Association" has the meaning ascribed to it in NRS 116.011 or 116B.030.
3. "Civil action" includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.
4. "Division" means the Real Estate Division of the Department of Business and Industry.
5. "Program" means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:
(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.
6. "Residential property" includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.
(Added to NRS by 1995, 1416; A 2003, 2251, 2274; 2007, 2277; 2013, 2295; 2019, 864)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,
may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.
2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.
(Added to NRS by 1995, 1417; A 1997, 526; 2007, 2278; 2013, 2296)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 the Division. The claim must include:
(a) The complete names, addresses and telephone numbers of all parties to the claim;
(b) A specific statement of the nature of the claim;
(c) A statement of whether the person wishes to have the claim referred to a program; and
(d) Such other information as the Division may require.
2. The written claim must be accompanied by a filing fee of $50.
3. Upon the filing of the written claim, the claimant shall serve a copy of the claim in the manner prescribed in Rule 4 of the Nevada Rules of Civil Procedure for the service of a summons and complaint. The claim so served must be accompanied by a statement explaining the procedures for mediation and for a program set forth in NRS 38.300 to 38.360, inclusive.
4. Upon being served pursuant to subsection 3, the person upon whom a copy of the written claim was served shall, within 30 days after the date of service, file a written answer with the Division, which must include a statement of whether the person wishes to have the claim referred to a program. The answer must be accompanied by a filing fee of $50.
(Added to NRS by 1995, 1417; A 2013, 2296)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 wish to have the claim referred to such a program, the Division may refer the parties to the program.
2. The person to whom the parties are referred pursuant to the program shall review the claim and answer filed pursuant to NRS 38.320 and, unless the parties agree to waive a hearing, conduct a hearing on the claim. After reviewing the claim and the answer and, if required, conducting a hearing on the claim, the person shall issue a written decision and award and provide a copy of the written decision and award to the parties. The person may not award to either party costs or attorney’s fees.
3. Any party may, within 60 days after receiving the written decision and award pursuant to subsection 2, commence a civil action in the proper court concerning the claim. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within 60 days after receiving the written decision and award pursuant to subsection 2, any party may, within 1 year after receiving the written decision and award, apply to the proper court for a confirmation of the written decision and award pursuant to NRS 38.239.
(Added to NRS by 2013, 2295)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the Division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the Division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the Division may require the mediator or arbitrator to present proof satisfactory to the Division that the mediator or arbitrator has received the training and experience required for mediators or arbitrators pursuant to this section.
2. A document which contains a written explanation of the procedures for mediating and arbitrating claims and for a program pursuant to NRS 38.300 to 38.360, inclusive.
(Added to NRS by 1995, 1419; A 2013, 2299)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 of mediation or arbitration of the claim and the period for vacating the award has expired, or until the issuance of a written decision and award pursuant to the program.
(Added to NRS by 1995, 1419; A 2013, 2300)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › 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 pursuant to the provisions of NRS 38.300 to 38.360, inclusive, must be accounted for separately and may only be used by the Division to administer the provisions of NRS 38.300 to 38.360, inclusive.
(Added to NRS by 1995, 1419; A 2013, 2300)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.405 - Definitions.

As used in NRS 38.400 to 38.575, inclusive, unless the context otherwise requires, the words and terms defined in NRS 38.410 to 38.480, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 184)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.410 - "Collaborative law communication" defined.

"Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:
1. Is made to conduct, participate in, continue or reconvene a collaborative law process; and
2. Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(Added to NRS by 2011, 184)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.435 - "Law firm" defined.

"Law firm" means:
1. Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited-liability company or association; and
2. Lawyers employed in a legal services organization, the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency or instrumentality.
(Added to NRS by 2011, 184)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.455 - "Proceeding" defined.

"Proceeding" means:
1. A judicial, administrative, arbitral or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences and discovery; or
2. A legislative hearing or similar process.
(Added to NRS by 2011, 184)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.480 - "Tribunal" defined.

"Tribunal" means:
1. A court, arbitrator, administrative agency or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or
2. A legislative body conducting a hearing or similar process.
(Added to NRS by 2011, 185)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.485 - Requirements for collaborative law participation agreement; additional provisions authorized.

1. A collaborative law participation agreement must:
(a) Be in a record;
(b) Be signed by the parties;
(c) State the intention of the parties to resolve a collaborative matter through a collaborative law process under NRS 38.400 to 38.575, inclusive;
(d) Describe the nature and scope of the collaborative matter;
(e) Identify the collaborative lawyer who represents each party in the collaborative law process; and
(f) Contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.
2. The parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with NRS 38.400 to 38.575, inclusive.
(Added to NRS by 2011, 185)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.490 - Collaborative law process: Commencement; participation; conclusion; termination; withdrawal of collaborative attorney; continuation after discharge or withdrawal of collaborative lawyer.

1. A collaborative law process begins when the parties sign a collaborative law participation agreement.
2. A tribunal may not order a party to participate in a collaborative law process over the objection of that party.
3. A collaborative law process is concluded by a:
(a) Resolution of a collaborative matter as evidenced by a signed record;
(b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the collaborative matter will not be resolved in the collaborative law process; or
(c) Termination of the collaborative law process.
4. A collaborative law process terminates:
(a) When a party gives notice to other parties in a record that the collaborative law process is ended;
(b) When a party:
(1) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(2) In a pending proceeding related to the collaborative matter:
(I) Initiates a pleading, motion, order to show cause or request for a conference with the tribunal;
(II) Requests that the proceeding be put on the tribunal’s active calendar; or
(III) Takes similar action requiring notice to be sent to the parties; or
(c) Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
5. The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.
6. A party may terminate a collaborative law process with or without cause.
7. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 is sent to the parties:
(a) The unrepresented party engages a successor collaborative lawyer; and
(b) In a signed record:
(1) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(2) The agreement is amended to identify the successor collaborative lawyer; and
(3) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
8. A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
9. A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(Added to NRS by 2011, 185)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.495 - Participation agreement by persons in proceeding pending before tribunal; notice of conclusion; status report; effect of participation on proceeding.

1. The persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties to the collaborative law participation agreement shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection 3 and NRS 38.500 and 38.505, the filing operates as an application for a stay of the proceeding.
2. The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection 1 is lifted when the notice is filed. The notice must not specify any reason for termination of the process.
3. A tribunal in which a proceeding is stayed under subsection 1 may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report must include only information on whether the process is ongoing or concluded. It must not include a report, assessment, evaluation, recommendation, finding or other communication regarding a collaborative law process or collaborative law matter.
4. A tribunal may not consider a communication made in violation of subsection 3.
5. A tribunal shall provide the parties with notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute.
(Added to NRS by 2011, 186)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.510 - Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings.

1. Except as otherwise provided in subsection 3, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
2. Except as otherwise provided in subsection 3 and NRS 38.515 and 38.520, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection 1.
3. A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare or interest of a party, or a member of the family or the household of a party, if a successor lawyer is not immediately available to represent that person.
4. A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party, or a member of the family or the household of a party, under paragraph (b) of subsection 3 only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare or interest of that person.
(Added to NRS by 2011, 187)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.515 - Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties.

1. The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representing a party with or without fee.
2. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer who is disqualified under subsection 1 of NRS 38.510 is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:
(a) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;
(b) The collaborative law participation agreement so provides; and
(c) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.
(Added to NRS by 2011, 187)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.520 - Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity.

1. The disqualification of a collaborative lawyer under subsection 1 of NRS 38.510 applies to a collaborative lawyer representing a party that is a government or a governmental subdivision, agency or instrumentality.
2. After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or a governmental subdivision, agency or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a) The collaborative law participation agreement so provides; and
(b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.
(Added to NRS by 2011, 188)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.525 - Disclosure of information during process.

Except as otherwise provided by specific statute, during the collaborative law process, on the request of another party, a party shall make timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.
(Added to NRS by 2011, 188)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.530 - Obligations and standards of professional responsibility and mandatory reporting not affected.

The provisions of NRS 38.400 to 38.575, inclusive, do not affect:
1. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
2. The obligation of a person to report abuse or neglect, abandonment or exploitation of a child or adult under the laws of this State.
(Added to NRS by 2011, 188)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.535 - Required assessment and disclosures regarding process by prospective collaborative lawyer.

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
1. Assess with the prospective party factors that the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;
2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration or expert evaluation; and
3. Advise the prospective party that:
(a) After a collaborative law participation agreement is signed, the collaborative law process terminates if a party initiates a proceeding or seeks the intervention of a tribunal in a pending proceeding related to the collaborative matter;
(b) Participation in a collaborative law process is voluntary, and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(c) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection 3 of NRS 38.510, subsection 2 of NRS 38.515 or subsection 2 of NRS 38.520.
(Added to NRS by 2011, 188)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.540 - Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties.

1. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.
2. Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
3. If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless:
(a) The party or the prospective party requests beginning or continuing the collaborative law process; and
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
(Added to NRS by 2011, 188)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.550 - Privilege against disclosure of collaborative law communication; admissibility; discovery.

1. Except as otherwise provided in NRS 38.555 and 38.560, a collaborative law communication is privileged under subsection 2, is not subject to discovery and is not admissible in evidence.
2. In a proceeding, the following privileges apply:
(a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and
(b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
3. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
(Added to NRS by 2011, 189)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.555 - Waiver and preclusion of privilege.

1. A privilege under NRS 38.550 may be waived in a record or orally during a proceeding if it is expressly waived by all parties, and in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
2. A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under NRS 38.550, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
(Added to NRS by 2011, 189)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.560 - Limits of privilege.

1. There is no privilege under NRS 38.550 for a collaborative law communication that is:
(a) Available to the public under chapter 239 of NRS or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;
(b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or
(d) Set forth in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
2. The privileges under NRS 38.550 for a collaborative law communication do not apply to the extent that the communication is:
(a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or
(b) Sought or offered to prove or disprove abuse, neglect, abandonment or exploitation of a child or adult, unless an agency which provides child welfare services, as defined in NRS 432B.030, or the Aging and Disability Services Division of the Department of Health and Human Services is a party to or otherwise participates in the collaborative law process.
3. There is no privilege under NRS 38.550 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality and the collaborative law communication is sought or offered in:
(a) A court proceeding involving a felony or misdemeanor; or
(b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
4. If a collaborative law communication is subject to an exception under subsection 2 or 3, only the part of the communication necessary for the application of the exception may be disclosed or admitted into evidence.
5. Disclosure or admission of evidence excepted from the privilege under subsection 2 or 3 does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
6. The privileges under NRS 38.550 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
(Added to NRS by 2011, 189)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.565 - Authority of tribunal in case of noncompliance.

1. If a collaborative law participation agreement fails to meet the requirements of NRS 38.485, or if a prospective collaborative lawyer fails to comply with NRS 38.535 or 38.540, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:
(a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and
(b) Reasonably believed they were participating in a collaborative law process.
2. If a tribunal makes the findings specified in subsection 1 and the interests of justice require, the tribunal may:
(a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(b) Apply the disqualification provisions of NRS 38.510, 38.515 and 38.520; and
(c) Apply the privileges under NRS 38.550.
(Added to NRS by 2011, 190)
2023 Nevada Revised Statutes › Chapter 38 - Mediation and Arbitration › NRS 38.575 - Relation to Electronic Signatures in Global and National Commerce Act.

NRS 38.400 to 38.575, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
(Added to NRS by 2011, 191)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.010 - Actions for partition of real property; partial partition.

When several persons hold and are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partial partition thereof according to the respective rights of the persons interested therein, and for a sale of such property or a part of it, if a partition cannot be made without great prejudice to the owners or if the owners consent to a sale. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original cotenants, and thereupon cause a partition to be made, as if the original cotenants were the only parties to the action and thereafter may proceed to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the property has been set apart, or may allow them to remain tenants in common thereof, as they may desire.
[1911 CPA § 585; RL § 5527; NCL § 9074]—(NRS A 1985, 771)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.020 - Interests of all parties must be set forth in complaint.

The interests of all persons in the property, whether such persons be known or unknown, shall be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff, or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder be a contingent remainder, so that such parties cannot be named, that fact shall be set forth in the complaint.
[1911 CPA § 586; RL § 5528; NCL § 9075]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.030 - Lienholders not of record need not be made parties.

Persons who have or claim any liens upon the property by mortgage, judgment or otherwise, need be made parties to the action, unless such liens be matters of record.
[1911 CPA § 587; RL § 5529; NCL § 9076]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.040 - Plaintiff must record notice of pending litigation immediately after complaint is filed.

Immediately after filing the complaint, the plaintiff shall record with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action and a description of the property to be affected thereby. From the time of the recording of the notice, except as otherwise provided in NRS 14.017, it shall be deemed notice to all persons.
[1911 CPA § 588; RL § 5530; NCL § 9077]—(NRS A 1987, 639; 2001, 1750; 2003, 75)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.050 - Summons must be directed to all parties interested in property.

The summons shall be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment or otherwise upon the property, or upon any particular portion thereof; and generally to all persons unknown who have or claim any interest in the property.
[1911 CPA § 589; RL § 5531; NCL § 9078]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.060 - Unknown and absent parties may be served by publication of summons; appointment of counsel to represent their interests.

1. If a party having a share or interest is unknown or any one of the known parties reside out of the State or cannot be found, and this fact is made to appear by affidavit, the summons may be served on the absent or unknown party by publication, as in other cases. When publication is made, the summons as published must be accompanied by a brief description of the property which is the subject of the action.
2. The court may appoint an attorney to represent an absent or unknown party.
[1911 CPA § 590; RL § 5532; NCL § 9079]—(NRS A 1985, 771)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.070 - Contents of answers.

The defendants who have been personally served with the summons and a copy of the complaint shall set forth in their answers, fully and particularly, the nature and extent of their interest in the property, and if such defendants claim a lien upon the property by mortgage, judgment or otherwise, they shall state its amount and date, the amount remaining due thereon, whether the amount has been secured in any other way or not and, if secured, the extent and nature of the security, or they shall be deemed to have waived their rights to the lien.
[1911 CPA § 591; RL § 5533; NCL § 9080]—(NRS A 1985, 115)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.080 - Rights of several parties may be determined; proof of title; consideration of rights of unknown parties.

The rights of the several parties, plaintiffs as well as defendants, may be put to issue, tried and determined by such action; and when a sale of the premises is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the judgment of sale shall be made; and where service of the complaint has been made by publication, like proof shall be required of the right of the absent or unknown parties before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.
[1911 CPA § 592; RL § 5534; NCL § 9081]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.100 - Lienholders must be made parties or master appointed.

If it shall appear to the court by the certificate of the county recorder or county clerk, or by the sworn or verified statement of any person who may have examined or searched the records that there are outstanding liens or encumbrances of record upon such real property, or any part thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court shall either order such persons to be made parties to the action, by an amendment or supplemental complaint, or appoint a master to ascertain whether or not such liens or encumbrances have been paid, or if not paid what amount remains due thereon, and their order among the liens or encumbrances severally held by the persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured the nature and extent of the security.
[1911 CPA § 594; RL § 5536; NCL § 9083]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.110 - Lienholders must be notified to appear before master.

The plaintiff shall cause a notice to be served a reasonable time previous to the day for appearance before the master appointed, as provided in NRS 39.100, on each person having outstanding liens of record who is not a party to the action, to appear before the master at a specified time and place, to make proof, by the person’s own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely thereon. In case such person be absent, or the person’s residence be unknown, service may be made by publication of notice to the person’s agents, under the direction of the court, in such manner as may be proper. The report of the master thereon shall be made to the court, and shall be confirmed, modified or set aside and a new reference ordered, as the justice of the case may require.
[1911 CPA § 595; RL § 5537; NCL § 9084]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.120 - Court may order sale or partition.

If the evidence establishes to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners or if the owners consent, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it shall order a partition according to the respective rights of the parties, as ascertained by the court, and may appoint a master to partition the property. The court shall designate the portion of the property to remain undivided for the owners whose interests remain unknown, or are not ascertained.
[1911 CPA § 596; RL § 5538; NCL § 9085]—(NRS A 1985, 771)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.130 - Partition in accordance with rights of parties.

In making the partition, the master or the court shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties, as determined by the court, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid in the division.
[1911 CPA § 597; RL § 5539; NCL § 9086]—(NRS A 1985, 772)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.140 - Report of master’s proceedings regarding partition.

The master shall make a report of the proceedings, specifying therein the manner of executing the master’s trust, describing the property divided and the shares allotted to each party, with a particular description of each share.
[1911 CPA § 598; RL § 5540; NCL § 9087]—(NRS A 1985, 772)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.150 - Court may confirm or modify master’s report or appoint new master; conclusive judgment.

1. The court may confirm, change, modify or set aside the report, and, if necessary, appoint a new master.
2. Upon the report being confirmed, or upon partition by the court, the court shall enter a judgment of partition. The judgment is binding and conclusive:
(a) On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder or the inheritance of the property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share as tenants for years or for life;
(b) On all persons interested in the property who may be unknown, to whom notice has been given of the action for partition by publication; and
(c) On all other persons claiming from any such parties or persons.
3. No judgment is invalidated by reason of the death of any party, after filing of the report of the master and before final judgment or decree. The judgment or decree is as conclusive against the heirs, legal representatives or assigns of the decedent as if it had been entered before the decedent’s death.
[1911 CPA § 599; RL § 5541; NCL § 9088]—(NRS A 1985, 772)
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.160 - Judgment not to affect tenants for years to whole property.

Such judgment and partition shall not affect tenants for years less than 10 to the whole of the property which is the subject of the partition.
[1911 CPA § 600; RL § 5542; NCL § 9089]
2023 Nevada Revised Statutes › Chapter 39 - Partition of Real Property and Mining Claims › NRS 39.170 - Apportionment of expenses.

If it appear that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned, the court shall allow to the parties to the action, who have paid the expenses of such litigation or other proceedings, all the expenses necessarily incurred therein, except counsel fees, which shall have accrued to the common benefit of the other tenants in common, with interest thereon from the date of making the expenditures, and in the same kind of money expended or paid, and the same must be pleaded and allowed by the court, and included in the final judgment, and shall be a lien upon the share of each tenant respectively, in proportion to the tenant’s interest, and shall be enforced in the same manner as taxable costs of partition are taxed and collected.
[1911 CPA § 601; RL § 5543; NCL § 9090]