LMAR 2.1
TRANSFER TO ARBITRATION
(a) Statement of Arbitrability. In every civil case the
party filing the Note for Trial Docket provided by Civil
Rule 40 shall, upon the form prescribed by the court,
complete a Statement of Arbitrability.* Within 14 days
after the Note for Trial and Statement of Arbitrability have
been served and filed, any party disagreeing with the
Statement of Arbitrability or willing to stipulate to
arbitration shall serve and file a response to the Statement
of arbitrability on the form prescribed by the Court.** In
the absence of such response, the Statement of Arbitrability
shall be deemed correct, and the case shall be deemed set
for arbitration. If a party asserts that its claim exceeds
$50,000 or seeks relief other than a money judgment, the
case is not subject to arbitration except by stipulation.
(b) Failure to File - Amendments. A party failing to serve
and file an original response within the time prescribed may
later do so only upon leave of court.
A party may amend the Statement of Arbitrability or response
at any time before assignment of an Arbitrator or assignment
of a trial date and thereafter only upon leave of court for
good cause shown.***
(c) By Stipulation. A case in which all parties file a
stipulation to arbitrate under MAR 8.1 will be placed on the
arbitration calendar regardless of the nature of the case or
amount in controversy.****
(d) Right to a trial by jury shall be preserved for all
cases subject to mandatory arbitration until ten (10) days
after a notice of appeal of the Arbitrator's decision is
filed with the Douglas County Superior Court Clerk's Office.
On or before the tenth day after the notice of appeal is
filed, the party requesting the jury
shall pay the jury fee. The right to a jury shall be
demanded at the time that a trial setting is requested, but
the payment of the jury fee shall be as provided herein.
* Form LMAR 2.1(a)1
** Form LMAR 2.1(a)2
*** Form LMAR 2.1(b)
**** Form LMAR 2.1(c)
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