Plaintiff Amy Cheung was involved in a two-car accident with defendant Amber Schlauder. Cheung retained an attorney and sued Schlauder in the Las Vegas Township Justice Court, seeking $5,000 for medical expenses. Schlauder also retained an attorney and filed a motion to move the case from “small claims court to justice’s court” in order for Schlauder to receive a jury trial.2 The motion was denied by the small claims referee on the grounds that small claims court and justice court are one in the same. The referee also found Schlauder liable in the amount of $5,000. Schlauder then filed a jury trial demand. She argued to the justice of the peace that the Nevada constitution provided her with the right to a jury trial before she was found liable for Cheung’s medical expenses. The justice of the peace rejected the jury trial demand and reaffirmed Schlauder’s liability to Cheung in the amount of $5,000 after Schlauder admitted her liability. Schlauder filed an appeal with the district court. The court reversed, holding that the Nevada Constitution provided Schlauder with the right to a jury trial. Cheung then filed her appeal with the Nevada Supreme Court seeking a writ of mandamus or prohibition. Cheung argues that the constitutional right to a jury trial does not extend to small claims actions. The Nevada Supreme Court agreed with Cheung’s argument and reversed the decision of the district court.
Chatwin, Richard D., "Summary of Cheung v. Dist. Ct., 121 Nev. Adv. Op. 83, 124 P.3d 550" (2005). Nevada Supreme Court Summaries. 610.