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How Litigation Differs in the State of Nevada Vs. California

By December 21, 2022January 24th, 2023No Comments

Is the legal system for litigation in Nevada similar to California? For instance, Nevada courts sometimes consider California’s legal decisions to fill in gaps in decisional law. Still, these cases represent exceptions more than they make the rule. In other words, some legal practices in Nevada appear similar to those in California. However, it’s imprudent to consider these two states the same.

Why Consult With a Nevada-Based Lawyer for Litigation in Nevada

Nevada and California share a 400-mile border; however, several litigation practices vary between these neighboring states. Besides decisional law, Nevada also has the Nevada Revised Statutes and the Nevada Administrative Code. That explains why it’s prudent to consider several examples of unique features of Nevada law that make it prudent to consult with a Nevada-based legal office.

Highlights of unique features of Nevada law include:

  • Nevada courts enforce contracts as written. Some clauses may prove unfavorable to one party. For instance, the court won’t interpret a one-sided attorney fee clause as providing fees for attorneys on both sides.
  • For state trial courts, Nevada operates three types: district courts handle cases of $15,000 or more, small claims court works with cases under $10,000, and justice courts hear cases between the other two.
  • Nevada laws require a mandatory arbitration process for district court cases worth $50,000 or less. Some cases have mandatory exemptions to arbitration, and it’s also possible to ask for one.
  • Nevada’s federal jurisdiction rests with the District of Nevada, part of the Ninth Circuit.
  • Appellate courts in Nevada include the Supreme Court and the Appellate Court. Appellate courts offer bench or jury trials, and requesting a jury trial requires another document besides the complaint.
  • Defendants and plaintiffs have 21 days after service to present documents, witnesses, damages, and insurance information.

Lawyers familiar with Nevada’s judicial system can spare their clients by avoiding various pitfalls. Unlike many California attorneys, Lanak & Hanna maintains a Nevada office to assist clients with litigation in this state.

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