Nevada § 38.259 - Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury

§ 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.