NAR 20

(a) Evidence. If a trial de novo is requested:

(1) The arbitration award, but not the arbitrator’s analysis and/or reasons for the award, shall be admitted as evidence in the trial de novo, and all discovery obtained during the course of the arbitration proceedings shall be admissible in the trial de novo, subject to all applicable rules of civil procedure and evidence.

(2) Any claim or defense not raised by a party through presentation of expert opinion or other competent evidence at the arbitration hearing will be waived at trial de novo.

(b) Attorney fees; costs; interest.

(1) The prevailing party at the trial de novo is entitled to all recoverable fees, costs, and interest pursuant to statute or NRCP 68.

(2) Exclusive of any award of fees and costs under subsection (1), a party is entitled to a separate award of attorney fees and costs as set forth in subparagraphs (A) and (B) below.

(A) Awards of $20,000 or less. Where the arbitration award is $20,000 or less, and the party requesting the trial de novo fails to obtain a judgment that exceeds the arbitration award by at least 20 percent of the award, the nonrequesting party is entitled to its attorney fees and costs associated with the proceedings following the request for trial de novo. Conversely, if the requesting party fails to obtain a judgment that reduces by at least 20 percent the amount for which that party is liable under the arbitration award, the nonrequesting party is entitled to its attorney fees and costs associated with the proceedings following the request for trial de novo.

(B) Awards over $20,000. Where the arbitration award is more than $20,000, and the party requesting the trial de novo fails to obtain a judgment that exceeds the arbitration award by at least 10 percent of the award, the nonrequesting party is entitled to its attorney fees and costs associated with the proceedings following the request for trial de novo. Conversely, if the requesting party fails to obtain a judgment that reduces by at least 10 percent the amount for which that party is liable under the arbitration award, the nonrequesting party is entitled to its attorney fees and costs associated with the proceedings following the request for trial de novo.

(3) In comparing the arbitration award and the judgment, the court shall not include costs, attorney fees, and interest with respect to the amount of the award or judgment. If multiple parties are involved in the action, the court shall consider each party’s respective award and judgment in making its comparison between the award and judgment.