(c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. (d) Waiver; Deposit of Jurors’ Fees. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) and to deposit the fees required by this rule constitutes a waiver by the party of trial by jury. At the time a demand is filed as required by Rule 5(d), the party demanding the trial by jury shall deposit with the clerk or justice an amount of money equal to the fees to be paid the trial jurors for their services for the first day of the trial. A demand for trial by jury made as herein provided may be withdrawn only with the consent of the parties, or for good cause shown upon such terms and conditions as the court may fix. [As amended; effective July 1, 2005.] RULE 39. TRIAL BY JURY OR BY THE COURT (a) By Jury. When trial by jury has been demanded as provided in Rule 38, the action shall be designated as a jury action. The trial of all issues so demanded shall be by jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury or (2) the court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the State. (b) By the Court. Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues. (c) Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion may try any issue with an advisory jury or, the court, with the consent of all parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right. RULE 39A. JURY TRIAL PROCEDURES (a) Calendaring. Unless otherwise stipulated to by the parties, or for good cause shown, jury trials shall be calendared, depending on judicial availability, to commence not later than 120 days from the date that a request for trial or scheduling order was filed. (b) Reporting of Testimony. There shall be no formal reporting of the proceedings unless paid for by the party or parties requesting the same. (c) Time Limits for Conduct of Trial. Plaintiff(s) and defendant(s) shall be allowed 2 hours each to present their respective cases unless a different time frame is granted by the court. Presentation includes opening statements, closing statements, presentation of evidence, examination and cross-examination of witnesses, and any other information to be presented to the jury or court, including rebuttal. Cross-examination of witnesses shall be attributed to the party cross-examining for calculation of time allowed. For the purposes of this rule, all plaintiffs collectively shall be treated as one plaintiff, and all defendants collectively shall be treated as one defendant. (d) Pretrial Memorandum. No later than 45 days before the scheduled jury trial, the parties shall file with the court, a joint pretrial memorandum. Before the deadline for filing the memorandum, the parties shall meet, personally or telephonically, to discuss and prepare the memorandum. The memorandum shall contain: (1) A brief statement of the nature of the claim(s) and defense(s). (2) A complete list of witnesses, including rebuttal and impeachment witnesses, and a description of the substance of the testimony of each witness. (3) A list of exhibits. (4) All other matters to be discussed at pretrial conference. (5) All proposed jury instructions. Standard jury instructions should be taken from the Nevada Pattern Civil Jury Instruction Booklet unless a particular instruction has been disapproved by the Nevada Supreme Court. If a proposed instruction is taken from a source other than the Nevada Pattern Civil Jury Instruction Booklet, the proposed instruction shall include citation to, and a copy of, the statute, rule or case law supporting the proposed instruction. The court shall encourage limited jury instructions. (6) All objections to proposed jury instructions. (e) Evidentiary Objections. No later than 30 days before the scheduled jury trial, the parties shall file with the court, and serve upon opposing counsel, all evidentiary objections to reports, documents or other items proposed to be utilized as evidence and presented to the jury or trial judge at the time of trial and all motions in limine. All oppositions to evidentiary objections or motions in limine must be filed and served no later than 20 days before the scheduled jury trial. No replies or supplemental pleadings are permitted. (f) Experts. (1) Form of Expert Evidence. The parties are not required to present oral testimony from experts and are encouraged to use written reports in lieu of oral testimony in court. (2) Use of Oral Testimony; Disclosure. If a party elects to use oral testimony, that party must include the expert’s name on the witness list submitted with the pretrial memorandum under subsection (d) of this rule. At the justice’s discretion, oral testimony may be provided by telephone or other remote electronic means. (3) Use of Written Report; Disclosure. If a party elects to use a written report, that party shall provide a copy of the written report to other parties no later than 30 days before the scheduled trial. Any written report intended solely to contradict or rebut another written report must be provided to other parties no later than 15 days before the scheduled trial. (4) Qualification of Expert Witness. No later than 20 days before the scheduled trial, the parties shall file with the court and serve on each other any documents establishing an expert’s qualifications to testify as an expert on a given subject. There shall be no voir dire of an expert regarding that expert’s qualifications. The trial judge may rule on any disputes regarding the qualifications of an expert during the pretrial conference under subsection (g) of this rule. (5) Cap on Recovery for Expert Witness Fees. Recovery for expert witness fees shall be limited to $500 per expert. (6) Scope of Rule. For purposes of this rule, a treating physician is an expert witness.

Vegas Law