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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