Fast-track system established for civil lawsuits

Kim Smith

Wednesday, Jan. 30, 2002 | 8:51 a.m.

Every year thousands of car accident victims file lawsuits hoping for justice, knowing their day in court could be years off.

In a few weeks, that wait for justice could get much shorter.

Clark County in March will begin a Short Jury Trial program designed to get car accident victims in and out of court in a single day.

Instead of waiting two to three years for their cases to be heard by a District Court judge, certain accident victims and those they sue can have their cases heard in a matter of months in front of a jury, using the new system.

Chris Beecroft Jr., Clark County arbitration commissioner, said most car accident trials are heard two to three years after they are filed, take three or four days and cost thousands of dollars in court costs and attorney and expert fees.

Civil lawsuits also can be resolved in arbitration, which can be appealed to District Court, or mediation, when both parties come to a mutual agreement.

"Short jury trials are another form of alternate dispute resolution," Beecroft said. "Rather than going through the time and hassle of a jury trial, they can choose to have a short jury trial."

Those who qualify for the program include people who are seeking $40,000 or less in damages, Beecroft said. Those seeking higher amounts can participate, but only if both sides agree.

Here's how it works: Parties in the case agree to split a $1,500 fee to try their case in front of a jury and a pro tempore judge with years of experience in the civil arena.

Each side agrees what exhibits will be introduced well before the trial. Once they get to the courtroom, lawyers for each side present their case within three hours, Beecroft said. That includes opening and closing arguments, arguments on motions, objections and witness testimony.

Instead of requiring custodians of records to testify about the legitimacy of records, they be allowed to submit affidavits, Beecroft said. Certain types of hearsay also will be allowed.

"The rules of evidence have been relaxed, but they have not been forgotten," Beecroft said.

The parties also agree that the jury's decision is final, Beecroft said. The only way the verdict can be appealed is if they believe the judge engaged in fraud.

The length of time it takes to get a case to trial will depend on how long it takes for both sides to investigate the case, Beecroft said. The longest time he expects cases to get to trial is seven months, he said.

The $1,500 fee will pay the judge's salary, and another smaller fee will pay for the jurors' time, so the county won't incur any costs, Beecroft said.

Beecroft is positive the program will work. Two such trials were held a couple of weeks ago as a test. Everyone -- from the parties involved to the judge and lawyers to the jurors -- raved, he said.

Two of the jurors had served as jurors before and couldn't believe the difference, Beecroft said. They said they could foresee future jurors volunteering for the duty, knowing how swiftly the process works.

"These people couldn't say enough good stuff about it," Beecroft said.

If enough people use it, the system could relieve the workload in District Court, he said.

Beecroft said he gets 3,100 car accident cases for arbitration every year, and 600 of those end up being appealed to District Court.

Those 600 cases, even though only 1 percent get to trial, significantly slow down the judicial process, Chief District Judge Mark Gibbons said.

"The average verdict is $5,000 to $6,000, they take three to four days and when we're doing all of these murder cases, it's hard to get to them," Gibbons said.

Twenty-six pro tem judges were selected for the program Friday, Beecroft said. All of them have a vast amount of civil experience.

"The goal would be to fill every single available courtroom," Beecroft said. "We might even add more pro tems further down the road. If this program is as successful as we think it is, we're sure other jurisdictions will try to pattern programs after us."