NV Bar Nevada Civil Procedure 2 — Questions and Answers
Question 1: In Nevada, what is the required jury size for a civil jury trial in District Court?
- 6 jurors
- 8 jurors
- 10 jurors
- 12 jurors (Correct answer)
Correct answer: 12 jurors
Nevada Constitution Article 1, Section 3, requires 12 jurors for civil jury trials in District Court unless the parties stipulate otherwise.
Question 2: Under Nevada law, what percentage of jurors must agree for a civil verdict?
- 51%
- 67%
- 75% (Correct answer)
- 100%
Correct answer: 75%
Nevada requires three-fourths (9 of 12) juror agreement for a civil verdict under NRS 16.150.
Question 3: In Nevada civil practice, which pleading defense must be raised in the first responsive pleading or it is waived?
- Failure to state a claim
- Lack of subject matter jurisdiction
- Improper venue (Correct answer)
- Statute of limitations
Correct answer: Improper venue
Under NRCP 12(h)(1), defenses including improper venue must be raised in the first responsive pleading or by pre-answer motion or they are waived.
Question 4: Nevada's anti-SLAPP statute protects defendants from suits that target which type of activity?
- Commercial advertising
- Good faith communications in furtherance of constitutional rights (Correct answer)
- Defamatory statements about public officials
- Breach of contract claims
Correct answer: Good faith communications in furtherance of constitutional rights
NRS 41.635–41.670 protects defendants from Strategic Lawsuits Against Public Participation (SLAPP) involving good faith communications in furtherance of constitutional rights to free speech or petition.
Question 5: In Nevada, a notice of appeal from a District Court final judgment must be filed within how many days?
- 10 days
- 20 days
- 30 days (Correct answer)
- 60 days
Correct answer: 30 days
Under NRAP 4(a)(1), a notice of appeal must be filed within 30 days after entry of the judgment or order appealed from.
Question 6: Under Nevada's comparative fault system, what happens if a plaintiff is found 51% at fault?
- Plaintiff recovers nothing (Correct answer)
- Plaintiff recovers 49% of damages
- Plaintiff recovers 51% of damages
- Plaintiff recovers full damages reduced by defendant's fault
Correct answer: Plaintiff recovers nothing
Nevada follows a modified comparative fault system under NRS 41.141, barring plaintiff recovery if the plaintiff is 50% or more at fault.
In Nevada, what is the required jury size for a civil jury trial in District Court?