Explained in plain English
What the work involves, before you sign anything.
Real estate · Civil litigation
What a lawsuit involves, before you start one.
When a dispute over a contract, a title, or an inheritance will not resolve on its own, this is what a lawsuit involves, and the deadline that decides whether you can bring one.
The short answer
Civil litigation is the process of resolving a dispute between private parties through the courts. In this office it grows out of the work the firm already does: a contested will or trust, a real estate contract, a title or boundary problem, co-owners who cannot agree, a landlord and a tenant, a dispute over recorded covenants. Many of these are resolved by a letter, a negotiation, or a mediation. The ones that are not follow a set sequence, and the date that matters most is the deadline for filing in the first place.
Which court
Nevada sorts civil cases by what is at stake. Small claims and the justice courts hear the smaller disputes, under ceilings the Legislature adjusts over time, with simpler procedure. The district court hears everything larger, along with any dispute over title to real estate. In Washoe County that is the Reno and Sparks Justice Courts and the Second Judicial District Court.
The sequence
A letter
Nearly every dispute should begin with one. It sets out what happened, what is being asked, and what the law says, and it gives the other side a way to resolve the matter. Many disputes end here.
A complaint and an answer
If the letter does not resolve it, a complaint is filed and served, and the other side has a fixed period to answer.
Discovery
Each side learns what the other knows: documents exchanged, written questions answered under oath, depositions taken. It is the longest stage, and it is where each side learns what its case is worth.
Arbitration, mediation, settlement
Nevada’s district courts send many civil cases below a set value into a court-run arbitration program first, and judges in larger cases routinely expect the parties to try mediation. Most lawsuits settle somewhere along this stretch, once both sides have seen the same evidence.
Trial
Not many reach one.
Deadlines
Every kind of claim has a statute of limitations, and they differ: one period for a written contract, another for an oral one, another for damage to property, another for a contest over a will or a trust, some of them short. A strong claim filed after the deadline is lost. If something has gone wrong and you are unsure whether it is worth pursuing, the time to ask is now, even if the answer turns out to be that it is not.
Whether to fight
The questions to ask are practical. What is at stake, in money and otherwise? What would it cost to pursue? Could the other side pay a judgment if you won one? And what is the relationship worth, when the other side is a neighbor, a sibling, or a business you still depend on?
When a dispute does have to go forward, the firm advises, represents, and guides clients through litigation with communication, consistency, and attention to detail.
If something has gone wrong and you are not sure it is worth pursuing, bring the paperwork. The first thing to establish is how long you have.
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Questions
Do I have to sue to resolve this?
Usually not. Most disputes are resolved by a letter, a negotiation, or a mediation. A lawsuit is for the ones that are not.
How long do I have to bring a claim?
It depends on the kind of claim. Nevada sets a different limitation period for different claims, and some are short. The safe course is to ask as soon as you know something has gone wrong.
Will my case go to trial?
Often not. Many civil cases settle once both sides have seen the same evidence, and Nevada’s courts route a number of them through arbitration or mediation first.
Which court would hear my case?
It depends on what is at stake. The justice courts hear smaller disputes, and the Second Judicial District Court hears larger ones and any dispute over title to real estate in Washoe County.
When you’re ready
Start with the facts, and the deadline.
You’ll hear the whole process first, then the first step and what it costs.