NRS
41A.061 Dismissal of action for failure to bring to trial; effect of
dismissal; adoption of court rules to expedite resolution of actions.
1. Upon the motion of any party or upon
its own motion, unless good cause is shown for the delay, the court shall,
after due notice to the parties, dismiss an action involving professional
negligence if the action is not brought to trial within 3 years after the date
on which the action is filed.
2. Dismissal of an action pursuant to
subsection 1 is a bar to the filing of another action upon the same claim for
relief against the same defendants.
3. Each district court shall adopt court
rules to expedite the resolution of an action involving professional
negligence.
(Added to NRS by 2002
Special Session, 7; A 2015,
2526)
Notes of Decisions
Cited in
2
cases, 2007–2009 · leading case:
Fierle v. Perez, 219 P.3d 906 (Nev. 2009).
Fierle v. Perez, 219 P.3d 906 (Nev. 2009).
· cites it 2× “[2] Other medical malpractice-specific statutes that were unchanged by the 2004 amendments to NRS Chapter 41A include NRS 41A.061 (time to trial), NRS 41A.081 (mandatory settlement conferences), and NRS 41A.”
Monroe v. Columbia Sunrise Hosp. & Med. Ctr., 158 P.3d 1008 (Nev. 2007).
“We affirm that portion of the district court’s order dismissing James’ claims against Sunrise Hospital with prejudice, as the prior order granting partial summary judgment did not constitute a “trial” under NRCP 41(e), and the statute of limitations for his claims had expired.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.