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Motion To Strike Request For Trial De Novo 24 - Nevada
| Motion To Strike Request For Trial De Novo Form. This is a Nevada form and can be used in Arbitration District Court Clark County . |
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0385 Attorneys Name Attorneys Bar Number Attorneys Firm Name Attorneys Address Attorneys Phone Number Party Attorney Represents DISTRICT COURT CLARK COUNTY, NEVADA ) ) ) P laintiff, ) ) v. ) CASE NO. A ) DEPT NO. ) D efendants. ) __________________________________________) D ATE: T IME: MOTION TO STRIKE REQUEST FOR TRIAL DE NOVO COMES NOW, , by and through his attorney of record, , Esq. of the law firm of , and hereby moves this court for an order striking (plaintiffs/defenda rnetquess) t for trial de novo, as 1) (Plaintiff/Defendant f) ailed to (prosecute/defend t)h e above entitled case in good faith during the arbitration proceedings and has therefore waived the right to request a trial de novo; or 2) (Plaintiff/Defendant) failed to pay the arbitrators bill in accordance with N.A.R. 18(C). DATED this day of , 2005. A TTORNEY BAR NUMBER A DDRESS P ARTY ARB FORM 24 (1 of 3) American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 CASE NAME/CASE # NOTICE OF MOTION TO: ALL INTERESTED PARTIES and; TO: THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that counsel for the (plaintiff/defendan wt) ill bring the foregoing MOTION TO STRIKE REQUEST FOR TRIAL DE NOVO on for hearing before the above entitled Court on the day of , 2005, at the hour of A.M./P.M. or as soon thereafter as counsel may be heard. DATED this day of , 2005. A TTORNEY BAR NUMBER A DDRESS P ARTY SAMPLE POINTS AND AUTHORITIES (1) Nevada Arbitration Rule 22(A) states as follows: The failure of a party or an attorney to either prosecute or defend a case in good faith during the arbitration proceedings shall constitute a waiver of the right to a trial de novo. Facts supporting the assertion of bad faith are as follows.g:., t he party refused to appear at the arbitration hearing and refused to produce any documents in support [e.g., the party refuse d . ARB FORM 24 (2 of 3) American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 CASE NAME/CASE # SAMPLE POINTS AND AUTHORITIES (2) Nevada Arbitration Rule 18(C) states in part as follows: Any party who has failed to pay the arbitrators bill in accordance with this rule shall be deemed to have waived the right to a trial de novo; if a timely objection to the arbitrators bill has been filed with the commissioner pursuant to Nevada Arbitration Rules 23 and/or 24, a party shall have 10 days from the date of service of the commissioners decision in which to pay any remaining balance owing on said bill. (Party) has failed to pay the arbitrators bill and no objection is pending. The Request for Trial de Novo should be stricken. A TTORNEY BAR NUMBER A DDRESS P ARTY CERTIFICATE OF MAILING I hereby certify that on the day of , 2005, I mailed a copy of the foregoing MOTION TO STRIKE REQUEST FOR TRIAL DE NOVO in a sealed envelope, to the following counsel of record and that postage was fully prepaid thereon: EMPLOYEE OF ATTORNEY NOTE: THIS MOTION TO BE FILED WITH MASTER CALENDAR IN THE COUNTY CLERKS OFFICE. PURSUANT TO N.A.R. 18(G) A MOTION TO STRIKE MAY NOT BE FILED MORE THAN THIRTY (30) DAYS AFTER SERVICE OF THE REQUEST FOR TRIAL DE NOVO. ARB FORM 24 (3 of 3) American LegalNet, Inc. www.USCourtForms.com
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