Nev. Rev. Stat. § 41A.081

Settlement conference: Persons required to participate; powers and duties of judge; failure to participate

Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
NRS 41A.081  Settlement conference: Persons required to participate; powers and duties of judge; failure to participate.

      1.  In an action for professional negligence, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.

      2.  The judge before whom the settlement conference is held:

      (a) May, for good cause shown, waive the attendance of any party.

      (b) Shall decide what information the parties may submit at the settlement conference.

      3.  The judge shall notify the parties of the time and place of the settlement conference.

      4.  The failure of any party, the party’s insurer or the party’s attorney to participate in good faith in the settlement conference is grounds for sanctions, including, without limitation, monetary sanctions, against the party or the party’s attorney, or both. The judges of the district courts shall liberally construe the provisions of this subsection in favor of imposing sanctions in all appropriate situations. It is the intent of the Legislature that the judges of the district courts impose sanctions pursuant to this subsection in all appropriate situations to punish for and deter conduct which is not undertaken in good faith because such conduct overburdens limited judicial resources, hinders the timely resolution of meritorious claims and increases the costs of engaging in business and providing professional services to the public.

      (Added to NRS by 2002 Special Session, 8; A 2003, 3478; 2015, 2527)

     

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2004–2024 · leading case: Fierle v. Perez
Fierle v. Perez (2009) nev · cites it 2× “061 (time to trial), NRS 41A.081 (mandatory settlement conferences), and NRS 41A.”
Borger v. Eighth Judicial District Court of State of Nevada (2004) nev “NRS 41A.081(1). 2002 Nev. Stat. Spec. Sess.”
LIMPRASERT v. PAM SPECIALTY HOSP. OF LAS VEGAS LLC (2024) nev “The Legislature has created a tightly scripted scheme for professional negligence actions in Nevada that limits recovery for noneconomic damages, mandates settlement conferences, and more.”
Borger v. Dist. Ct. (2004) nev “[15] NRS 41A.081(1). [16] 2002 Nev. Stat. Spec.”
— Nev. Rev. Stat. § 41A.081(1) — 2 cases
Borger v. Eighth Judicial District Court of State of Nevada (2004) nev “NRS 41A.081(1). 2002 Nev. Stat. Spec. Sess.”
Borger v. Dist. Ct. (2004) nev “[15] NRS 41A.081(1). [16] 2002 Nev. Stat. Spec.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.