41A.061 - Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

41A.061  Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

      1.  Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving medical malpractice or dental malpractice if the action is not brought to trial within:

      (a) Three years after the date on which the action is filed, if the action is filed on or after October 1, 2002, but before October 1, 2005.

      (b) Two years after the date on which the action is filed, if the action is filed on or after October 1, 2005.

      2.  Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants.

      3.  Each district court shall adopt court rules to expedite the resolution of an action involving medical malpractice or dental malpractice.

      (Added to NRS by 2002 Special Session, 7)