[Rev. 12/9/2024 3:16:32 PM--2024R1]
RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
APPROVED BY THE SUPREME COURT OF NEVADA
Effective March 1, 1994 and Including Amendments Through June 25, 2024
ORDER
The Committee for Specialization of the Courts, a duly appointed subcommittee of the Eighth Judicial District Court, filed on behalf of the Judges of the Eighth Judicial District Court a petition seeking changes in the rules governing case assignments in the criminal/civil divisions of the court. The committee states that the proposed rule changes would facilitate the separate handling of criminal and civil matters by various departments of the court. Petitioners also filed an amended petition requesting approval of additional rule changes to enable the Eighth Judicial District Court to streamline the new procedures and to make the practice within the various departments more uniform.
It appearing to the court that amendment of the Rules of Practice for the Eighth Judicial District Court of the State of Nevada is warranted,
It Is Hereby Ordered that the Rules of Practice for the Eighth Judicial District Court be amended as set forth in Exhibit A attached.
It Is Hereby Further Ordered that the amended rules shall become effective July 1, 1997. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of order shall be conclusive evidence of the adoption and publication of the foregoing amended Rules.
Dated this 12th day of June, 1997.
BY THE COURT
Miriam Shearing, Chief Justice
Charles E. Springer Cliff Young
Associate Justice Associate Justice
Robert E. Rose A. William Maupin
Associate Justice Associate Justice
RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
PART I. ORGANIZATION OF THE COURT AND ADMINISTRATION
Rule 1.01. Name and citation of rules. These rules shall be known as the “Eighth Judicial District Court Rules” and may be cited and abbreviated as “EDCR.”
Rule 1.10. Scope, construction and implementation of rules. These rules govern the procedure and administration of the Eighth Judicial District Court and all actions or proceedings cognizable therein. They must be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice.
Rule 1.11. Divisions—Jurisdiction. There are two divisions of the District Court: General Jurisdiction Division and Family Division. These rules shall apply to all cases in both divisions. Jurisdiction of the Family Division of the District Court is as described pursuant to NRS 3.223. All other civil or criminal case types constitute the General Jurisdiction Division of the District Court.
[Amended; effective June 25, 2024.]
Rule 1.12. Definitions of words and terms. In these rules, unless the context or subject matter otherwise requires:
(a) “Case” must include and apply to any and all actions, proceedings, and other court matters, however designated.
(b) “Clerk” means the clerk of the district court.
(c) “Court” means the district court.
(d) “District judges” means all judges elected to the district court whether serving in the Family or General Jurisdiction Divisions of the court.
(e) “Party,” “petitioner,” “applicant,” “claimant,” “plaintiff,” “defendant,” or any other designation of a party to any action or proceeding, case, or other court matter must include and apply to such party’s attorney of record.
(f) “Person” must include and apply to corporations, firms, associations, and all other entities, as well as natural persons.
(g) “Must” is mandatory, and “may” is permissive.
(h) The past, present, and future tenses each include the others; the masculine, feminine, and neuter genders each include the others; and the singular and plural numbers each include the other.
(i) Wherever the term “master” appears in these rules, it is interchangeable with the term “referee” as used in the Constitution of the State of Nevada and the Nevada Revised Statutes and vice versa.
[Amended; effective June 25, 2024.]
Rule 1.14. Written log of inaccessible days. The clerk shall memorialize and maintain in a written log all days on which weather or other conditions have made the clerk’s office inaccessible pursuant to NRCP 6(a)(3).
[Amended; effective January 1, 2020.]
Rule 1.20. Departments and courtrooms. There must be a separate numbered or lettered department for each judge in this district. The courtrooms will be designated by the department number or letter of the judge(s) assigned thereto, but may be used interchangeably by the other judges or judicial officers. The family division departments shall be designated by letters.
[Amended; effective January 1, 2001.]
Rule 1.21. Department hours. Each department shall remain open on judicial days during standard court hours which are from 8:00 a.m. to 5:00 p.m. The position of district court judge is a full time job and most of the work time of a district court judge should be spent trying cases or spent in his or her chambers at the courthouse.
[Added; effective September 20, 1999.]
(a) The district judges must biennially select one of their number to serve as chief judge for a term of 2 years to begin July 1. However, by election, the term may be extended 2 years.
(b) The chief judge must:
(1) Be responsible for the chief judge’s own motion calendar.
(2) Hear all extraditions and any other miscellaneous petitions regarding criminal matters.
(3) Share and direct responsibility for hearing both civil and/or criminal cases on an overflow basis, as necessary.
(4) Share and direct responsibility for hearing probate cases and oversee the functions of the probate commissioner and their staff.
(5) Refer all involuntary mental commitment proceedings to hearing masters, direct the appointment of said masters with the approval of the district judges, reduce to written order the findings of such masters, hear all objections to the master’s findings, and direct the enforcement thereof as may be appropriate.
(6) Shall appoint, as necessary for the orderly conduct of court business, presiding judges over any of the various case types within the General Jurisdiction and Family Divisions of the court as may be warranted to assist the chief judge in their administrative duties over the court. Assignment should be made by administrative order describing the case type(s) presided over and the general duties of each respective presiding judge. Presiding judges serve at the pleasure of the chief judge.
(7) Make regular and special assignments of all judges and hear or reassign emergency matters when a judge is absent or otherwise unavailable.
(8) Instruct any grand jury impaneled; receive any reports, indictments, or presentments made by it; and handle any other matters pertaining to it.
(9) Supervise the court executive officer in the management of the court and the performance of the court executive officer’s duties. Supervise the administrative business of the court and have general supervision of the attachés of the court. The various commissioners, referees, hearing officers, and court hearing masters shall report to and be directed by their supervising presiding judge pursuant to local court rule or as designated by the chief judge; however, the chief judge will maintain general supervision over all such officers.
(10) Coordinate with the court clerk and the Office of the Clerk of the Court to ensure quality and continuity of services necessary to the operation of the court.
(11) Attend meetings of the divisions’ judges.
(12) Approve requests by civil litigants to proceed in forma pauperis and waiver of fees.
(13) Exercise general supervision over all administrative court personnel who are not permanently assigned to a particular district judge.
(14) Determine the need for and approve:
(A) The allocation of space and furnishings in the court building;
(B) The construction of new court buildings, courtrooms, and related physical facilities;
(C) The modification of existing court buildings, courtrooms, and related physical facilities; and
(D) The temporary assignment or reassignment of courtrooms between departments to accommodate the needs of litigants and efficient and effective case management.
(15) Supervise the court’s calendar and apportion the business of the court among the several departments of the court as equally as possible.
(16) Reassign cases from one department to another department as convenience or necessity requires. The chief judge shall have authority to assign overflow cases.
(17) Appoint standing and special committees of judges as may be advisable to assist in the proper performance of the duties and functions of the court.
(18) Provide for liaison between the court and other governmental and civic agencies and, when appropriate, meet with or designate a judge or judges to meet with any committee of the bench, bar, news media, and community to review problems and to promote understanding of the administration of justice.
(19) Ensure that court duties are timely and orderly performed.
(A) The chief judge shall set and preside over frequent and regular meetings of the judges or an elected representative committee of the judges not less than once a quarter and additional special meetings as may be required by the business of the court, distributing to all judges a prepared agenda before the meeting and minutes thereafter. If a quorum of judges is not present at the quarterly judges’ meeting, the chief judge shall have the authority to mandate attendance at the next quarterly judges’ meeting.
(B) The chief judge must designate another judge to perform the chief judge’s duties (serve as acting chief judge) in their absence (or unavailability as chief judge). The acting chief judge shall serve at the pleasure of the chief judge.
(C) The chief judge may be removed from office by a two-thirds vote of the judges present at a duly noticed meeting. Any judge may appeal any order of the chief judge to the full panel of the district judges in the district. Any order of the chief judge can only be reversed by a two-thirds vote of the judges attending a regularly scheduled meeting.
(D) The duties prescribed in these rules shall be done in accordance with applicable Nevada Revised Statutes, Supreme Court Rules, and established court policies. To facilitate the business of the court, the chief judge may delegate the duties prescribed in these rules to other judges.
(20) Supervise all masters.
(A) The chief judge shall determine, within budgetary constraints, the number of masters and the compensation to be paid to those masters based on a salary schedule approved by a majority of the judges of the Eighth Judicial District Court.
(B) The chief judge shall be responsible for disciplinary decisions involving the masters.
(C) The chief judge shall be responsible for the assignment and reassignment of masters to the various case types as necessary.
(21) An executive committee composed of the chief judge, all presiding judges, and any others appointed to the committee by the chief judge shall meet once a month to address any items of administration or other business and shall provide a report and minutes of those meetings at the quarterly meeting of the district judges.
[Amended; effective June 25, 2024.]
Rule 1.32. Trial judge. For the purpose of these rules, all judges, except the chief judge and the presiding judge, are denominated “trial judges.”
Rule 1.33. Specialization of judges; procedure for selection. The chief judge may assign the judges of the district to specialized case types in the court for 2-year terms as needed. The assignments may provide for rotation of the judges among the various case types. In making the assignments, the chief judge shall request the district judges to recommend the assignments and shall take into account the desires of each individual judge. However, the final selection is left to the discretion of the chief judge. Assignments may be made as follows:
(a) Civil, criminal: judges as needed;
(b) Business court: at least 3 judges who have experience as a judge or practitioner in “business matters” as defined in EDCR 1.61(a);
(c) Constructional defects: judges as needed;
(d) Drug court, mental health court, civil commitments, competency, TAP/OPEN, MAT veterans’ court, gambling court, DAAY court, etc.: judges as needed;
(e) Overflow: judges as needed;
(f) Family civil domestic: judges as needed;
(g) Family juvenile: judges as needed;
(h) Guardianship: judges as needed;
(i) Probate: judges as needed;
(j) Medical malpractice court or professional negligence: judges as needed; and
(k) Any other specialty assignments: judges as needed.
[Added; effective January 1, 2001; amended; effective June 25, 2024.]
Rule 1.40. Family division hearing masters. A family division hearing master is appointed pursuant to authority established by, and in accordance with, the provisions of NRCP 53.
[Amended; effective June 10, 2022.]
Rule 1.44. Civil commitments and hearing masters; duties of the Division of Public and Behavioral Health; duties of counsel.
(a) The provisions of this rule apply to all court-ordered admissions of any person alleged to be in a mental health crisis.
(b) Unless otherwise ordered by the chief judge, or the district judge assigned by the chief judge, civil commitment hearings must be conducted by the civil commitment hearing master. The compensation of the master must not be taxed against the parties, but when fixed by the chief judge, must be paid out of appropriations made for the expenses of the court. Every master must be in good standing as a member of the State Bar of Nevada.
(c) The civil commitment hearing master may conduct formal court hearings at the hospital or wherever is most convenient to the master and the person alleged to be in a mental health crisis. The master has the authority to swear witnesses, take evidence, appoint independent medical evaluators, evaluate competency, recommend guardians, and conduct all other matters relating to the involuntary commitment proceeding. All proceedings must be recorded or transcribed by a duly appointed court recorder or reporter as provided by law.
(d) Not less than 24 hours before the time set for a commitment hearing, the Administrator of the Public and Behavioral Health Division, or the administrator’s designee, must examine each person alleged to be in a mental health crisis and prepare, for presentation at the hearing, a report designating which facilities are available together with a recommendation of the least restrictive environment suitable to the patient’s needs. At the time of the hearing, the person alleged to be in a mental health crisis must not be so under the influence of or so suffer the effects of drugs, medication, or other treatment as to be hampered in preparing for or participating in the hearing, and a record of all drugs, medication, or other treatment that the person has received during the 72 hours immediately prior to the hearing must be presented to the master.
(e) The Clark County Public Defender’s Office must furnish counsel for all persons alleged to be in a mental health crisis not otherwise represented by an attorney.
(1) Prior to the hearing, the public defender or the attorney for the person alleged to be in a mental health crisis must interview the person, explain to the person their rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, and the alternative of becoming a voluntary patient. The public defender must also explain that the person can obtain counsel at the person’s own expense.
(2) Prior to the hearing, the person’s attorney must review the commitment petition, evaluation reports, the patient’s medical records, and the list of alternatives to court-ordered treatment.
(f) At the conclusion of each hearing, a copy of the written recommendation of the hearing master must be given to the person, the person’s counsel, and the district attorney. Not later than 5:00 p.m. on the day the hearing concludes, the hearing master’s recommendation must be submitted to the chief judge or the district judge assigned by the chief judge.
(g) Objections to the master’s recommendation must be made to the chief judge or the district judge assigned by the chief judge at the time the report is submitted or at such other time as the chief judge or the district judge assigned by the chief judge may prescribe. The chief judge or the district judge assigned by the chief judge may require oral objections to be reduced to writing.
(h) After reviewing the master’s recommendation and any objection thereto, the chief judge or the district judge assigned by the chief judge must:
(1) Approve the same and order the recommended disposition;
(2) Reject the recommendation and order such relief as may be appropriate; or
(3) Direct a rehearing.
(i) All rehearings of matters heard before the master must be before the chief judge or the district judge assigned by the chief judge and must be conducted de novo.
(j) No recommendation of a master will become effective until expressly approved by the chief judge or the district judge assigned by the chief judge.
[Amended; effective June 25, 2024.]
(a) The judges assigned a juvenile dependency caseload must hear all cases involving allegations of abuse and neglect of a minor child under NRS Chapter 432B.
(b) The judges assigned to a juvenile delinquency caseload must:
(1) Hear juvenile delinquency cases in accordance with NRS Chapters 62A through 62I.
(2) Supervise the activities of the juvenile delinquency division hearing masters in the performance of their duties pursuant to NRS Chapters 62A through 62I; under EDCR 1.46, hear all objections to the master’s findings; and direct the enforcement thereof as may be appropriate.
(3) Hear all de novo appeals of delinquency cases and any other miscellaneous matters regarding delinquency cases.
[Added; effective August 21, 2000; amended; effective June 25, 2024.]
Rule 1.46. Juvenile hearing masters. NRS Chapter 62B provides that masters of the juvenile court may be appointed to hear such cases as are assigned by the juvenile court judge. The masters of the juvenile court have the powers, duties, and responsibilities as set forth in NRS Chapter 62B.
[Amended; effective June 10, 2022.]
Rule 1.47. Family mediation center (FMC) mediators.
(a) FMC mediators shall have the following minimum qualifications:
(1) Law degree or master’s degree in psychology, social work, marriage and family therapy, counseling, or related behavioral science;
(2) Sixty hours child custody and divorce mediation training, including a minimum of 4 hours of domestic violence training, sponsored by the Association of Family and Conciliation Courts or approved by the Academy of Family Mediators; and
(3) Three years’ experience in the domestic relations arena conducting child custody mediation.
(b) FMC mediators must complete at least 15 hours of continuing education each calendar year. The areas of such training may include, but are not limited to, the following: mediation models, theory, and techniques; the nature of conflict and its resolution; family law; the legal process and caselaw relevant to the performance of mediation; substance abuse; recent research applicable to the profession; family life cycles, such as divorce, family reorganization, and remarriage; child development; crisis intervention; interviewing skills; domestic violence, including child abuse, spousal abuse, and child neglect, and the possibility of danger in the mediation session; parent education; sensitivity to individual, gender, racial, and cultural diversity and socioeconomic status; family systems theory; and the development of parenting plans, parental alienation, and the role of parenting plans in the family’s transition.
(c) FMC mediators shall adhere to the Model Standards of Conduct for Mediators as jointly developed by the American Arbitration Association, American Bar Association, and Society of Professionals in Dispute Resolution.
(d) FMC mediators shall attend such other courses, obtain such other qualifications, or complete such other training as the presiding judge may require.
[Added; effective June 10, 2022.]
(a) The provisions of this rule derive from NRS 3.245 and apply to all criminal proceedings before a criminal master.
(b) A criminal master must be a senior judge or justice, senior justice of the peace, justice of the peace, district judge serving in the Family Division, or a member of the State Bar of Nevada who is in good standing as a member of the state bar and has been so for a minimum of 5 continuous years immediately preceding appointment as a criminal master.
(c) Upon appointment, a criminal master shall be precluded from practicing law in Clark County and must recuse themself from hearing any case that they previously handled as an attorney and from any case where the defendant was a client of the criminal master or the law firm where the criminal master practiced.
(d) The Clark County District Attorney’s Office, the Clark County Public Defender’s Office, the Special Public Defender’s Office, and any other government office or private attorney appointed to represent an indigent defendant shall provide legal representation for the State of Nevada and indigent defendants before a criminal master as they would before any judge of the Eighth Judicial District Court.
(e) The compensation of all criminal masters shall be fixed as provided by EDCR 1.30(b)(19) and shall be paid from appropriations made for the expenses of the court.
(f) A motion to recuse or disqualify a criminal master shall be heard by the chief judge or a judge of the General Jurisdiction Division designated by the chief judge. If the chief judge must designate a district judge to hear a motion to recuse or disqualify a criminal master, the chief judge shall, to the extent that it is practicable, designate the district judge sitting in the department to which the proceeding was randomly assigned for trial.
(g) All proceedings before a criminal master must be conducted in accordance with the Nevada and United States Constitutions, the Nevada Revised Statutes, and these rules.
(h) A criminal master serves at the pleasure of the district judges of the Eighth Judicial District Court, and unless those judges, by simple majority vote, cause the chief judge to enter an order terminating the appointment of a criminal master, such master shall continue to serve until the appointment of a successor. In the event of a tie vote, the chief judge’s vote shall break the tie.
(i) All proceedings before a criminal master shall be of record in the same manner provided by law for proceedings before judges of the Eighth Judicial District Court. All pleas of guilty or nolo contendere shall be transcribed and become a part of the court record.
(j) A motion for reconsideration of a recommendation or decision of a criminal master shall be brought before the district judge sitting in the department of origin and shall be decided upon the pleadings and any transcript of the proceedings before the criminal master unless the district judge deems further evidence to be necessary. The “department of origin” is the department of the Eighth Judicial District Court to which the clerk’s office randomly assigned the case for trial.
(k) A criminal master shall hear cases assigned by the chief judge, including:
(1) In conjunction with a clerk of court, accepting returns of true bills by the grand jury.
(2) Conducting arraignments and accepting pleas of guilty, nolo contendere, and not guilty, including ascertaining whether the defendant will invoke or waive speedy trial rights.
(3) Setting trial dates in conjunction with the clerk of the trial court.
(4) Referring cases to the Division of Parole and Probation for preparation of a presentence report and setting sentencing dates in the department of origin.
(5) Setting or modifying bail at the time of return of a true bill or arraignment.
(6) Ruling in open court on motions to quash bench warrants and setting court dates in the department of origin.
(7) Handling cases calendared for bench warrant return.
(8) Unless the sentencing judge requests that all probation revocation proceedings come before that judge, presiding over notices of intent to seek revocation and status checks on revocation of probation and either setting a revocation hearing before the judge in the department of origin or accepting a stipulation by all parties to resolve the revocation proceedings. However, all contested hearings on motions for probation revocation shall be heard by the district judge who originally granted probation. Furthermore, in given cases, the sentencing judge granting probation may order that any subsequent proceeding regarding probation shall be heard by that judge and any such order shall preempt the jurisdiction of a master in regard thereto.
(9) Setting motions and/or hearing dates in the department of origin.
(10) Determining conflicts or indigency and appointing counsel where appropriate.
(11) When an issue of the defendant’s competency to stand trial arises, ordering a minimum of 2 psychiatric examinations and reports to be prepared and setting a date for a competency determination before the department of origin.
(12) Upon stipulation of counsel, when 2 consistent reports opining incompetence have been submitted, referring the defendant for custodial treatment pending the attainment of competency to stand trial.
(13) Upon stipulation of counsel, pursuant to negotiations, referring the defendant to drug court and setting the drug court date or referring a defendant to the Serious Offender’s Diversion Program or another comparable stipulated diversion alternative.
(14) Upon stipulation of counsel, allowing the amendment of charging documents and pleadings.
(15) Pursuant to negotiations and upon stipulation and waiver, sitting as a master and adjudicating and sentencing on a simple misdemeanor.
(16) Presiding over the drug court calendar and attending to all drug court-related duties and procedures upon occasion and in the event that the judge assigned to preside over the drug court is out of the jurisdiction for judicial/legal training, on vacation, out sick, or is otherwise temporarily unable to preside over the drug court calendar.
(17) On gross misdemeanor cases, upon stipulation of counsel to waive any jurisdictional defect and to waive the presentence report and to have imposed a particular sentence, imposing said stipulated sentence. The resulting judgment of conviction shall be reviewed by the master and, upon approval, initialed by the master, and the judgment shall then be submitted to the judge in the assigned department for signature.
[Added; effective June 10, 2004; amended; effective June 25, 2024.]
Rule 1.50. Court executive officer. The court executive officer is responsible for the administration of the rules, policies, and directives of the district court. In addition to the duties prescribed below, the district court executive officer shall be denominated the administrator of the clerk of the court and may appoint an assistant court administrator to hold the additional title of clerk of the court who shall perform all the statutory and other duties assigned to that office. Subject to the direction of the chief judge acting on behalf of the district judges, the court executive officer must:
(a) Supervise the assistant court administrators, jury commissioner, and other officers and employees of or serving the district court, except for the department staff of each judge.
(b) Supervise the office of the court clerk and the processing of all pleadings and papers related to court business and the court clerks.
(c) Direct the supervisor of the Court Interpreter Program.
(d) Direct bailiff management at security gate and schedule relief support for all bailiff positions.
(e) Plan, organize, and direct budgetary, fiscal, personnel management training, facilities, and equipment of the district court and represent the judicial branch of government in the district.
(f) Monitor a system of internal controls, which includes payroll, purchasing, accounts payable, accounts receivable, information systems, and inventory for the following divisions: adjudication, administration, family mediation services, jury services, family adjudication, and grand jury.
(g) Expedite movement of the court calendars and coordinate the automated case management system in cooperation with the clerk’s office, including but not limited to the development of integrated data entry systems.
(h) Supervise preparation and submission of reports on activities of the court to state, regional, and local authorities as required.
(i) Determine statistics to be gathered and manage the flow of information through and about the court.
(j) Direct research, evaluation, and monitoring and propose new and revised policies as necessary to improve work operations.
(k) Coordinate the calendars and activities of judges visiting from other jurisdictions and of hearing officers assigned for specific purposes.
(l) Represent the court on regional and statewide judicial and justice system coordinating councils, conferences, conventions, and committees as assigned.
(m) Handle public information and liaise with other government executive, legislative, and judicial agencies and the community.
(n) Perform such other functions and duties as may be assigned by the district judges.
[Amended; effective June 25, 2024.]
Rule 1.51. Assistant court administrator. The assistant court administrator serves under the direction of the court executive officer. The assistant court administrators are responsible for all duties assigned by the court executive officer and, in the absence of the court executive officer, shall perform all of the duties of the court executive officer under EDCR 1.50.
[Amended; effective June 25, 2024.]
Rule 1.53. Court employees participating in recognized employee organizations.
(a) The court may, at its discretion, allow a subset of its employees to join an employee organization recognized by the court to negotiate a contract with such employee organization regarding terms and conditions of employment of such court employees.
(b) The court may also, at its discretion, prohibit specific employees from joining such employee organizations. These employees include, but are not limited to, the following:
(1) Judicial executive assistants;
(2) Law clerks;
(3) Staff attorneys; and
(4) Court employees who hold management positions with the court.
(c) The court shall not discriminate in any way against court employees based upon their membership or nonmembership in an employee organization recognized by the court.
(d) The court’s recognition of an employee organization does not preclude any court employee who is not a member of that organization from acting for himself with respect to any condition of his employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.
(e) As used in this section:
(1) “Court employee” means any employee who is employed by the Eighth Judicial District Court and any employee working under the clerk of the court.
(2) “Employee organization” means an organization having as one of its primary purposes improvement of the terms and conditions of employment of court employees.
[Added; effective December 17, 2008.]
Rule 1.60. Assignment or transfer of cases generally.
(a) The chief judge shall have the authority to assign or reassign all cases pending in the district. Additionally, the presiding judges shall have the authority to assign or reassign cases in their respective divisions. Unless otherwise provided in these rules, all cases must be distributed on a random basis. However, when a case is remanded to a lower court or tribunal for further proceedings, it must be returned to the original judge at the conclusion of these proceedings.
(b) The chief judge may, in the event the calendar of any judge becomes unusually congested due to extraordinary circumstances, redistribute a calendar or a portion thereof on an equitable basis, provided, however, that the calendar of a judge serving in the Family Division may not be redistributed in violation of NRS 3.0105.
(c) Any judge who plans to be absent on a judicial day (for vacation, education, or other court-approved project) must reset the time for the hearing of their cases or arrange for another department to handle the judge’s calendar and shall coordinate planned absences with the chief judge to ensure that adequate judicial coverage is maintained. If a judge is ill or unexpectedly absent, arrangements should be made for the absent judge’s calendar to be heard by any other district judge or by a senior judge.
(d) Judges who disqualify themselves from hearing a case must direct the entry of an appropriate minute order for reassignment on a random basis. If all the trial judges in this district are disqualified, the clerk must notify the court administrator to reassign the case to a senior judge or a visiting judge from another judicial district.
(e) Under the supervision of the chief judge, the court administrator shall assign appropriate matters to available senior judges and visiting judges.
(f) No attorney or party may directly or indirectly influence or attempt to influence the clerk of the court or court staff or any officer thereof to assign a case to a particular judge. A violation of this rule is an act of contempt of court and may be punished accordingly.
(g) These rules also apply to the Family Division, its judges, and its presiding judge.
(h) When, upon motion of a party, or sua sponte by the court, it appears to the assigned judge that a case has been improperly assigned to the wrong division of the court, then that judge must transfer the case to the correct division and order the clerk’s office to randomly reassign the case to a judge serving in the new division. Any objection to the ruling must be heard by the presiding judge of the division from which the case was reassigned in the same manner as objections to a discovery recommendation under EDCR 2.34(f). Disputes concerning case assignments that remain unresolved shall be resolved by the chief judge.
[Amended; effective June 25, 2024.]
Rule 1.61. Assignment of business matters.
(a) Business matters defined. “Business matters” shall be:
(1) Matters in which the primary claims or issues are based on, or will require decision under NRS Chapters 78-92A or other similar statutes from other jurisdictions, without regard to the amount in controversy;
(2) Any of the following:
(i) Claims or cases arising under the Uniform Commercial Code, or as to which the Code will supply the rule of decision;
(ii) Claims arising from business torts;
(iii) Claims arising from the purchase or sale of (A) the stock of a business, (B) all or substantially all of the assets of a business, or (C) commercial real estate; or
(iv) Business franchise transactions and relationships.
(b) Examples of cases that are not business matters. Examples of cases which are not business matters include, but are not limited to, those for which the predominant legal issues are centered on:
(1) Personal injury;
(2) Products liability;
(3) Claims brought by a consumer individually or as a representative of a class against a business;
(4) Landlord-tenant disputes involving residential property;
(5) Occupational health or safety;
(6) Environmental claims which do not arise as a result of the sale or disposition of a business subject to subsection (a)(2)(iii), above;
(7) Eminent domain;
(8) Malpractice;
(9) Employment law, including but not limited to wrongful termination of employment;
(10) Administrative agency, tax, zoning, and other appeals;
(11) Petition actions involving public elections;
(12) Residential real estate disputes between individuals or between an individual and an association of homeowners;
(13) Claims to collect professional fees;
(14) Declaratory judgment as to insurance coverage for a personal injury or property damage action;
(15) Proceedings to register or enforce a judgment regardless of the nature of the underlying case;
(16) Actions by insurers to collect premiums or rescind policies;
(17) Construction defect claims involving primarily residential units;
(18) The granting, denying, or withholding of governmental approvals, permits, licenses, variances, registrations, or findings of suitability; and
(19) Cases filed under NRS 3.223 in the family division.
(c) Assignment of business matters.
(1) Unless otherwise provided in these rules, business matters shall be divided among those full-time civil judges designated as business court judges by the chief judge.
(2) Any party in a case may file a request in the pleadings that a case be assigned as a business matter. A request may be made by a plaintiff or petitioner in the caption of the initial complaint or petition by identifying the category that provides the basis for assignment as a business matter. If the request is made in the caption of the initial complaint or petition, the matter will be automatically assigned as a business matter by the clerk’s office. If the request is made by a party in the caption of its initial appearance or response, other than the plaintiff/petitioner, then the case shall be randomly assigned to a business court judge for determination as to whether the case should be handled as a business matter.
(3) Any party aggrieved by designation of a case as a business matter may seek review by the business court judge within ten (10) days of receipt of the assignment of the case to a business court judge or within ten (10) days of filing a responsive pleading, whichever is later.
(4) The business court judge shall decide whether a case is or is not a business matter and that decision shall not be appealable or reviewable by writ. Any matter not deemed a business matter shall be randomly reassigned if it was originally assigned to the business court judge. If a case was submitted to the business court judge to determine whether it is a business matter and the business court judge rules that it is not, that case will be remanded to the department from which it came.
(d) Peremptory challenge. In those instances where one of the business court judges is peremptorily challenged pursuant to SCR 48.1, or recuses or is disqualified, the case shall be assigned to another business court judge. If all business court judges are ineligible to sit, then the case shall be assigned to the alternative judge. In those instances where all business court judges and the alternative judge are ineligible to sit, then the case shall be assigned to the chief judge.
[Added; effective January 1, 2001; amended; effective July 22, 2009.]
Rule 1.62. Assignment of civil cases. Unless otherwise provided in these rules, all civil cases not designated business matters or medical malpractice court matters shall be divided and randomly assigned among those judges assigned to the General Jurisdiction Division hearing civil matters. The chief judge may reassign and transfer a case to a judge who hears civil matters full time if the trial of the matter is likely to exceed 4 weeks in length.
[Amended; effective June 25, 2024.]
Rule 1.63. Assignment of family cases. Unless otherwise provided in these rules, all Family Division cases must be divided evenly among the judges serving in the Family Division.
[Amended; effective June 25, 2024.]
Rule 1.64. Assignment of criminal cases.
(a) Each criminal case must be randomly assigned to the criminal trial judge aligned with that department of justice court which initiated the case, in accordance with the track and team system. This rule does not apply to misdemeanor appeals.
(b) When an indictment is filed against a defendant who had the same case pending against him or her filed by complaint in justice court, the indictment must be assigned directly to the trial judge to whom the complaint had originally been tracked.
[Amended; effective December 10, 2009.]
Rule 1.65. Assignment of and lack of peremptory challenges in construction defect matters.
(a) Assignment. In those instances where one of the construction defect judges recuses themself or is disqualified pursuant to NRS 1.235, the case shall be randomly reassigned to another construction defect judge by the office of the clerk of the court. In those instances where all construction defect judges have been recused or disqualified, then the case shall be reassigned by the chief judge to a judge in the General Jurisdiction Division. Should such judge be recused or disqualified, the chief judge will then reassign the case to another judge in the General Jurisdiction Division.
(b) Peremptory challenges. The assignment procedure established here is an exception to Supreme Court Rule 48.1. Neither a construction defect judge nor a civil judge assigned a construction defect case by the chief judge may be the subject of a peremptory challenge by the parties.
[Added; effective December 17, 2008; amended; effective June 25, 2024.]
Rule 1.66. Medical malpractice matters.
(a) Professional negligence/medical malpractice matters defined. “Medical malpractice court matters” shall be:
(1) Matters in which any claim or issue is based on NRS Chapter 41A without regard to the amount in controversy; and
(2) Claims made pursuant to NRS Chapter 41A in the alternative to any other claims.
(b) Assignment of medical malpractice court matters.
(1) Unless otherwise provided in these rules, medical malpractice court matters shall be divided among those judges designated as medical malpractice court judges by the chief judge.
(2) Any party in a case may file a request in the pleadings that a case be assigned as a medical malpractice court matter. A request may be made by a plaintiff, applicant, or petitioner in the caption of the initial complaint, application, or petition. If the request is made in the caption of the initial complaint, application, or petition, the matter will be automatically assigned as a medical malpractice court matter by the clerk’s office. If the request is made by a party other than the plaintiff/applicant/petitioner in the caption of its initial appearance or response, then the case shall be randomly assigned to a medical malpractice court judge for determination as to whether the case should be handled as a medical malpractice court matter.
(3) Any party aggrieved by the designation of a case as a medical malpractice matter may seek review by the medical malpractice court judge within 14 days of receipt of the assignment of the case to the judge or within 14 days of filing a responsive pleading, whichever is later.
(4) The medical malpractice court judge shall decide whether a case is or is not a medical malpractice matter. Any matter not deemed a medical malpractice matter shall be randomly reassigned if it was originally assigned to the medical malpractice court judge. If a case was submitted to the medical malpractice court judge to determine whether it is a medical malpractice matter and the medical malpractice court judge rules that it is not, that case will be reassigned to the department from which it came.
(c) Peremptory challenge. In those instances where one of the medical malpractice court judges is peremptorily challenged pursuant to SCR 48.1, recused, or disqualified, the case shall be randomly reassigned to another medical malpractice court judge by the office of the clerk of the court. If all medical malpractice court judges have been recused or disqualified, then the case shall be reassigned by the chief judge to a judge in the General Jurisdiction Division. Should such judge be recused or disqualified, the chief judge will then reassign the case to another judge in the General Jurisdiction Division.
[Added; effective June 25, 2024.]
Rule 1.70. Cases to be calendared to preserve track and team system. The integrity of the track and team system must be preserved. The procedures must be appropriately modified by the chief judge when additional tracks are formed or additional judgeships created.
Rule 1.72. Calendaring of civil and criminal motions. The trial judges, except those trial judges serving in the family division, and the chief judge will hear civil motions or criminal arraignments and motions Monday through Thursday. Special calendars or any other matters, as directed by the court, may be heard on Fridays. Motion times must be obtained from the clerk. A motion noticed for hearing on the wrong day may, at the discretion of the judge, be set over to the next appropriate day or vacated to be properly noticed.
Rule 1.73. Calendaring of contested family motions. The district judges serving in the Family Division will provide the clerk’s office with a schedule of days and times in which to set motions, reserving for the court specific times wherein the court will calendar special matters, returns, and trials. Motion times must be obtained from the clerk’s office. A motion noticed for hearing on the wrong day or time may, at the discretion of the judge, be set over to the next appropriate day or vacated to be properly noticed.
[Amended; effective June 25, 2024.]
Rule 1.74. Calendaring of civil and criminal trials. More than one case may be set to be heard for trial at the same time or on the same date. In the event such trailing cases are left unresolved at the time or on the day of trial, the court may direct that they remain stacked behind the case being trailed in the order in which they are assigned for trial and that the parties, their attorneys and witnesses must stand ready to proceed to trial upon reasonable oral notification by the court to the attorneys involved.
Rule 1.75. Calendaring of family trials and evidentiary hearings.
(a) The district judges serving in the family division will hear trials of contested matters and evidentiary hearings in the afternoons Monday through Thursday or at any other time designated by the judge. Trial and hearing times must be obtained from the judicial department to which the case has been assigned.
(b) More than one case may be set to be heard at the same time or on the same date. In the event such trailing cases are left unresolved at the time of the day of the trial or hearing, the court may direct that they remain stacked behind the case being heard and they shall be trailed in the order in which they are assigned for trial and that the parties, their attorneys and witnesses must stand ready to proceed to trial upon reasonable oral notification by the court to the attorneys (or pro se litigants) involved.
Rule 1.76. Deposit of jurors’ fees for civil trials.
(a) As an exception to NRCP 38, allowable thereunder and pursuant to NRCP 83, the clerk shall not collect any deposits from the party demanding a civil trial by jury as otherwise would be required by said sections of the Nevada Rules of Civil Procedure.
(b) All jurors’ fees and expenses shall be determined subsequent to the conclusion of the civil trial and thereafter collected accordingly.
[Added; effective January 4, 2010.]
Rule 1.80. Assignment of overflow cases. An overflow judge or judges may be selected by the chief judge when appropriate. When a district judge is not presiding at the trial of a case, that judge shall take an overflow case of any type or description which the chief judge might assign to her or him. However, the chief judge shall assign to judges serving in the family division only overflow cases within the family division.
[Amended; effective September 20, 1999.]
Rule 1.90. Caseflow management.
(a) Delay reduction standards.
(1) Time to disposition. For criminal cases, the aspirational standard of the court is for 50% of all cases to be resolved within 6 months, for 90% of all cases to be resolved within 1 year (with the last 10% being only life sentence or death penalty cases), and for 100% of the cases to be resolved within 2 years. It is the goal of the court to achieve a final resolution in 80% of its civil cases within 24 months of filing and a final resolution in 95% of its cases within 36 months of the date of filing. The court recognizes that there will be exceptional cases that will not be resolved within 36 months. The court also recognizes that 100% of all cases must be resolved within 60 months from the date of filing, unless there is a written stipulation by the parties to extend deadlines under NRCP 41(e)(2)(B).
(2) Time limits for judges. Except in complex litigation as defined in NRCP 16.1(f), judges shall ensure that pretrial discovery is completed within 18 months from the filing of the joint case conference report. Discovery in complex litigation shall be completed within 24 months from the filing of the joint case conference report.
(3) Time limits for pretrial motions. All pretrial motions shall be heard and decided no later than 14 days before the date scheduled for trial.
(4) Time limits for matters under submission. Unless the case is extraordinarily complex, a judge or other judicial officer shall issue a decision in all matters submitted for decision to them not later than 21 days after said submission. In extraordinarily complex cases, a decision must be rendered not later than 28 days after said submission. Following the decision of the judge or other judicial officer, the prevailing party shall submit a written order to the judge or judicial officer not later than 14 days from the date of the decision.
(5) Time limits for entry of judgments. Unless the case is extraordinarily complex, a judge or other judicial officer shall order the prevailing party to prepare a written judgment and findings of fact and conclusions of law and submit the same not later than 21 days following trial. In extraordinarily complex cases, the attorney for the prevailing party shall submit a written judgment and findings of fact and conclusions of law to the judge or judicial official not later than 28 days following the conclusion of trial.
(6) Time limits for remands from Nevada Supreme Court. Any case remanded for further action by the supreme court shall be scheduled for a status check no later than 28 days from issuance of the remittitur.
(b) Civil caseflow management.
(1) Responsibility of trial judge. It is the clear responsibility of each individual trial judge to manage the individual calendar in an efficient and effective manner. Each judge is charged with the responsibility for maintaining a current docket.
(2) Dismissal calendar. Each department shall review its civil caseload for complaints not served or not answered within 180 days of filing and for civil cases pending longer than 12 months in which no action has been taken for more than 6 months. The cases shall either be disposed of or moved forward by means of a dismissal calendar held at least monthly in each department.
(3) Scheduling orders. In civil cases, the judge shall issue a scheduling order pursuant to NRCP 16(b). In addition to the required contents of NRCP 16(b)(3)(A), the scheduling order shall contain dates for any pretrial conferences, a final pretrial conference and/or calendar call, and the trial or trial stack. The scheduling order may include any other appropriate matters.
(4) Trial setting. Cases shall be set for trial no later than 6 months from the discovery cut-off date.
(5) Trial date. The trial shall go forward on the trial date or within the trial stack set, unless the court grants a continuance upon a showing of good cause. No trial shall be continued pursuant to stipulation of the parties without approval of the judge. At the time a continuance is granted, the judge must set a new trial date. The new trial date shall be set at the earliest available date and no later than 9 months from the last trial date.
(6) Number of trials. Each department must set a minimum of 10 cases for each full week of a trial stack. In determining the maximum number of cases to set, the judge should consider the following factors: the length of time between the filing of the trial order and the trial date, length of trial and fallout, or dispositions expected before trial date.
(c) Caseflow review committee.
(1) Purpose. The purpose of the committee shall be to review the status of all dockets to identify backlogs that require attention and to review compliance with court delay reduction standards.
(2) Procedures. The caseflow review committee shall monitor the caseflow of each department. To assist the committee in its review, each department, on or before the 15th day of the month, shall report the following information to the caseflow review committee as to the previous month:
(A) The number of joint case conference reports received during the month.
(B) A list of cases for which joint case conference reports have been received but no trial dates have been set.
(C) A list of all cases set to begin trial during the month and a report of disposition. For any cases continued, a reason given for the continuance and the number of prior trial continuances reported.
(D) A list of all cases sent to overflow trial calendar and a report of disposition or reason for nondisposition and next case action date.
(E) A report of matters (motions and trials) taken under advisement and that have been pending more than 30 days.
(F) Any other reports the committee deems useful to accomplish the purpose of the caseflow review committee.
(3) Recommendation to chief judge. When the caseflow review committee determines that an individual judge’s docket has become backlogged due to inactivity, neglect, or inadequate management, it will recommend in writing to the chief judge appropriate action to bring the docket to current status. Prior to making such recommendation, a representative of the caseflow review committee must meet with the judge in question to discuss the problem. The action recommended by the caseflow review committee may include, but shall not be limited to, the following remedial measures:
(A) Require the judge to attend proceedings with a judge (or judges) whose docket is current to observe the procedures employed to move the docket.
(B) Refuse the approval of the judge’s requests for the expenditure of funds not relating to items that impact the judge’s productivity in disposing of cases.
(C) Require the judge to attend an educational program on docket management and develop a written plan for improvement.
(D) Curtail the judge’s time away from the court.
(E) Recommend that the chief judge issue a letter of complaint to the Nevada Judicial Discipline Commission.
(4) Willful noncompliance. Should the chief judge determine that any judge’s noncompliance with the delay reduction and caseflow management standards is willful and not a result of caseload or extraordinary circumstances, the chief judge shall report the same to the chief justice of the supreme court for further action.
(d) Caseflow management reporting.
(1) Complaints not served or answered within 180 days. Not less than once each month, the court administrator shall provide each department with a list of all civil cases that have not been served or answered within 180 days of the filing of the complaint. Upon receipt of the list, each judge shall determine the status of all such cases and shall, by motion with notice to the parties, set all cases lacking in prosecution for dismissal not less than monthly.
(2) Cases 12 months or older. Not less than 2 times per calendar year, the court administrator shall provide each department with a list of all civil cases 12 months or older upon which there has been no activity since the initial pleadings. Upon receipt of the list, each judge may order a status report be filed, shall determine the status of all such cases, and shall, by motion with notice to the parties, set all cases lacking in prosecution for dismissal not less than 2 times per year.
(3) Cases 36 months or older. In January and July of each year, the court administrator shall provide each department with a list of all civil cases 36 months of age or older. Upon receipt of the list, each judge may order a joint status report be filed by the parties, shall determine the status of all such cases, and shall submit a written status report to the chief judge in February and August setting forth the status of each such case.
(4) Cases 48 months or older. In January of each year, the court administrator shall provide each department and the chief judge with a list of all cases that are 48 months of age or older. Upon receipt of the list, each judge may order a joint status report be filed by the parties, shall determine the status of all such cases, and shall submit a written status report to the chief judge no later than 30 days from receipt of the report.
[Added; effective January 1, 2001; amended; effective June 25, 2024.]
Rule 1.91. Alternative Dispute Resolution Commissioner.
(a) The district judges serving in the General Jurisdiction Division may appoint an alternative dispute resolution (ADR) commissioner to serve at the pleasure of the court. The ADR commissioner shall have the responsibilities and powers conferred by the Nevada Arbitration Rules (NAR), the Nevada Mediation Rules (NMR), the Nevada Short Trial Rules (NSTR), the Foreclosure Mediation Rules (FMR), and such other alternative dispute resolution mechanisms contemplated by NRS 38.250 as may from time to time be promulgated, including, without limitation, the power to issue decisions, determinations, and other rulings on matters as provided in the NAR, NMR, NSTR, and FMR and to make findings and recommendations to the court regarding any dispositive matter such as violations of or for any other reason as provided in the NAR, NMR, NSTR, FMR, NRCP, DCR, and/or EDCR, or as otherwise provided by statute.
(b) Upon reasonable notice, the ADR commissioner may direct parties to appear for a conference with the commissioner concerning any matter related thereto. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the commissioner. Counsel may not stipulate to vacate or continue a conference without the commissioner’s consent.
(c) Any matter concerning the NAR, NMR, NSTR, and FMR may be referred by any district judge to the ADR commissioner for a hearing in order to make findings and recommendations to the court.
(d) Following the hearing on any matter, the ADR commissioner must prepare a commissioner’s report and recommendations, a decision, determination or other ruling, or make findings and recommendations as provided herein. The commissioner may direct counsel to prepare the commissioner’s report, including the findings and recommendations in accordance with EDCR 7.21 and 7.23. The commissioner must file the report with the court and serve a copy of it on each party.
(1) Objections. Within 14 days after being served with a report, any party may file and serve written objections to the recommendations. Points and authorities may be filed with an objection, but are not mandatory. If points and authorities are filed, any other party may file and serve a responding points and authorities within 7 days after being served with the objections.
(2) Review. Upon receipt of an ADR commissioner’s report, any objections, and any response, the court shall:
(A) Affirm, reverse, or modify the ADR commissioner’s ruling without a hearing;
(B) Set the matter for a hearing; or
(C) Remand the matter to the ADR commissioner for reconsideration or further action.
[Added; effective January 1, 2003; amended; effective June 25, 2024.]
Rule 1.92. Actions for professional negligence pursuant to NRS Chapter 41A.
(a) In each action for professional negligence filed pursuant to NRS Chapter 41A, the judge shall address the following issues at the NRCP 16 conference:
(1) The status of discovery;
(2) The status of settlement negotiations, including the settlement conference required pursuant to NRS 41A.081, and set a deadline by which the parties must have a mandatory settlement conference scheduled; and
(3) Any issues that would affect the scheduling of a trial date.
(b) After considering the issues set forth in subsection (a), the judge shall set a firm trial date based upon the age of the case and the parties’ readiness to commence trial. Where possible, the trial shall be set in compliance with the statutory deadlines set forth in NRS Chapter 41A; however, if a case cannot be set for trial within these deadlines because of limited judicial resources, the case may be set beyond the statutory deadlines, and the parties will be advised that any penalties relating to the scheduling shall be waived.
(c) If the parties fail to participate in a private mediation or settlement conference pursuant to NRS 41A.081 by the deadline set by the court, the judge may refer the case to the Eighth Judicial District Court Settlement Conference Program.
(d) A notice of compliance with NRS 41A.081 is required to be filed by the parties prior to the pretrial conference.
[Added; effective December 17, 2008; amended; effective June 25, 2024.]
Rule 1.93. Process for the removal and discipline of a pro tempore judge pursuant to Short Trial Rule 3(c).
(a) A Committee composed of the chief judge of the district court or the chief’s designee, the ADR commissioner, and a representative of the Alternative Dispute Resolution (ADR) Committee of the State Bar of Nevada may remove, censure or impose other forms of discipline.
(b) The committee shall send written notification to the pro tempore judge informing him/her of removal, censure, or other form of discipline.
(1) If the committee has determined that removal may be appropriate, the committee shall send written notification of the potential removal to the pro tempore judge.
(2) The pro tempore judge shall have 30 days to respond to the removal notification.
(3) The committee shall make a final determination once it has received the pro tempore judge’s response and/or 30 days have passed.
(4) The committee’s decision is final, and once removal has been determined, the pro tempore judge’s name shall be removed from the panel of short trial judges.
(c) Pro tempore judges may resign from their position by sending written notification to the committee. Once notification is received and the committee has reviewed and approved the resignation, the pro tempore judge’s name shall be removed from the panel of short trial judges.
[Added; effective December 17, 2008.]
PART II. CIVIL PRACTICE
Rule 2.01. Scope of rules. The rules in Part II govern the practice and procedure of all civil actions, all contested proceedings under Titles 12 and 13 of NRS. Rules governing the practice and procedures in all family division actions are found in Part V.
Rule 2.02. Use of the E-Filing System. All filings made in matters assigned as civil actions must be electronically filed in accordance with Part VIII of these rules.
[Added; effective July 29, 2011.]
Rule 2.05. Filing of case required before judicial consideration. A complaint or other initial pleading must first be filed with the clerk and assigned to a department before application is made to the judge for the entry of an order therein.
Rule 2.10. Temporary restraining orders and preliminary injunctions.
(a) A motion for a preliminary injunction must be made upon the notice required by Rule 2.20, unless an order fixes a shorter notice.
(b) No temporary restraining order may be granted unless coupled with an order fixing the time for hearing a motion for preliminary injunction.
(c) Orders under subsections (a) and (b) must fix the time within which the restraining order, if any, and all pleadings, affidavits and briefs in support of the restraining order and the motion for preliminary injunction must be served upon the adverse party, and the time for filing of opposition, counter-affidavits and briefs.
Rule 2.13. Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investments for proceeds of compromise. In all minors’ compromise claims filed in accordance with the requirements of NRS 41.200, there shall be no document filed containing any “Restricted Personal Information” as defined in the Nevada Rules for Sealing and Redacting Court Records (SRCR) Rule 2(6).
(a) Any such document in its original form that contains any “Restricted Personal Information” must be redacted prior to its filing.
(b) If any such document is filed in error without having been properly redacted prior to filing, then the petitioner must process a request to redact, pursuant to SRCR 3.
[Added; effective July 29, 2011.]
Rule 2.14. Requests for relief pursuant to the Foreclosure Mediation Program.
(a) Within 10 days of submission of the mediator’s statement, either party may file a request for appropriate relief in accordance with Foreclosure Mediation Rule 20.
(b) Upon receipt of the mediator’s statement and any request for relief, the court shall enter an order (1) describing the terms of any loan modification or settlement agreement, (2) dismissing the petition, or (3) detailing decisions regarding the imposition of sanctions as the court determines is appropriate.
(c) The statement of the mediator in connection with these proceedings is admissible without the necessity of any additional foundation or testimony of the mediator.
(d) EDCR 2.20 through 2.28, inclusive, shall apply to these proceedings.
[Added; effective June 18, 2010; amended; effective June 25, 2024.]
Rule 2.15. Petitions for judicial review other than pursuant to the Nevada Administrative Procedure Act.
(a) A petitioner seeking judicial review under authority other than NRS 233B must serve and file a memorandum of points and authorities in support thereof within 21 days after the record of the proceeding under review has been filed with the court.
(b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within 21 days after service of petitioner’s points and authorities.
(c) Petitioner may serve and file reply points and authorities not later than 7 days after service of respondent’s opposition.
(d) After petitioner’s time to reply has expired, either party may serve and file a notice of hearing setting the petition for hearing on a day when the judge to whom the case is assigned is hearing civil motions, and which is not less than 7 days from the date the notice is served and filed.
(e) All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.
(f) Rules 2.22 through 2.28 apply to the hearing of petitions for judicial review.
Rule 2.16. Petitions for judicial review pursuant to the Nevada Administrative Procedure Act. A request for hearing pursuant to NRS 233B.133(4) must be in the form of a notice setting the petition for hearing on a day when the judge to whom the case is assigned is hearing civil motions, and which is not less than 7 days from the date the notice is served and filed.
Rule 2.17. First Amendment extraordinary writs.
(a) A petitioner seeking review of a claim of prior restraint under the First Amendment to the United States Constitution must label the extraordinary writ and points and authorities “First Amendment Writ.” Points and authorities in support of the writ must be served and filed concurrently with the writ, and petitioner must immediately deliver a courtesy copy of the writ and points and authorities to the assigned department.
(b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within 15 days after service of petitioner’s points and authorities.
(c) Petitioner may serve and file reply points and authorities not later than 3 days after service of respondent’s opposition.
(d) Within 25 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department, the court shall conduct a hearing. The court shall rule on the writ within 30 days after the writ and accompanying points and authorities are filed and a courtesy copy delivered to the assigned department.
(e) All memoranda of points and authorities filed in proceedings involving First Amendment Writs must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.
(f) Rule 2.22 through 2.28 apply to the hearing of First Amendment Writs.
[Added; effective May 25, 1999.]
Rule 2.20. Motions; contents; responses and replies; calendaring a fully briefed matter.
(a) Unless otherwise ordered by the court, papers submitted in support of pretrial and post-trial briefs shall be limited to 30 pages, excluding exhibits. Where the court enters an order permitting a longer brief or points and authorities, the papers shall include a table of contents and table of authorities.
(b) All motions must include the designation “Hearing Requested” or “Hearing Not Requested” in the caption of the first page of the motion directly below the Case Number and Department Number. Motions filed with the designation “Hearing Not Requested” will not be set for hearing but will be set for decision by the clerk on the “Chambers” calendar of the assigned department on a date consistent with the manner in which the clerk sets matters for hearing. If the motion contains neither designation, the clerk shall strike it after notice and an opportunity to cure is given, as provided in EDCR 8.03. Any motion filed with the designation “Hearing Not Requested” may be set for hearing at the court’s request, or at the request of the adverse party who shall make the request by including the designation “Hearing Requested” in the caption of the first page of the Opposition, directly below the Case Number and Department Number. If such a designation is made, the clerk shall set the matter for hearing. Discovery motions that are to be heard by the discovery commissioner must include the designation “Discovery Hearing Requested” in the caption of the first page of the motion directly below the Case Number and Department Number.
(c) A party filing a motion must also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious, as cause for its denial or as a waiver of all grounds not so supported.
(d) Within 7 days after service of the motion, a nonmoving party may file written joinder thereto, together with a memorandum of points and authorities and any supporting affidavits. If the motion becomes moot or is withdrawn by the movant, the joinder becomes its own stand-alone motion and the court shall consider its points and authorities in conjunction with those in the motion. A joining nonmoving party may designate “Hearing Requested” if no hearing has already been requested by the moving party, and the clerk shall set the matter for hearing.
(e) Within 14 days after the service of the motion, and 5 days after service of any joinder to the motion, the opposing party must serve and file written notice of nonopposition or opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion and/or joinder should be denied. Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion and/or joinder is meritorious and a consent to granting the same.
(f) An opposition to a motion that contains a motion related to the same subject matter will be considered as a countermotion. A countermotion will be heard and decided at the same time set for the hearing of the original motion if a hearing was requested, unless the court sets it for hearing at a different time.
(g) A moving party may file a reply memorandum of points and authorities not later than 7 days before the matter is set for hearing by the clerk, if a hearing was requested or set by the court. A reply memorandum must not be filed within 7 days of the hearing or in open court unless court approval is first obtained. If a hearing has not been requested or set by the court, any reply must be filed and served not later than 7 days after service of the opposition.
(h) Whenever a motion is contested, a courtesy copy of the motion, along with all related briefing, affidavits, and exhibits, shall be delivered by the movant to the appropriate department at least 7 days prior to the date of the hearing. If no hearing has been requested, the courtesy copy shall be delivered after the time for the filing of the last briefing paper has run.
(i) A memorandum of points and authorities that consists of bare citations to statutes, rules, or case authority does not comply with this rule and the court may decline to consider it. Supplemental briefs will only be permitted if filed within the original time limitations of paragraphs (d), (e), or (g), or by order of the court.
(j) If a petition, writ, application or motion has been fully briefed but is not calendared for hearing or decision, the party seeking relief shall deliver to the chambers of the assigned department a Notice of Readiness for Decision.
[Amended; effective January 1, 2020.]
Rule 2.21. Affidavits on motions.
(a) Factual contentions involved in any pretrial or post-trial motion must be initially presented and heard upon affidavits, unsworn declarations under penalty of perjury, depositions, answers to interrogatories, and admissions on file. Oral testimony will not be received at the hearing, except upon the stipulation of parties and with the approval of the court, but the court may set the matter for a hearing at a time in the future and require or allow oral examination of the affiants/declarants to resolve factual issues shown by the affidavits/declarations to be in dispute. This provision does not apply to an application for a preliminary injunction pursuant to NRCP 65(a).
(b) Each affidavit/declaration shall identify the affiant/declarant, the party on whose behalf it is submitted, and the motion or application to which it pertains and must be served and filed with the motion, opposition, or reply to which it relates.
(c) Affidavits/declarations must contain only factual, evidentiary matter, conform with the requirements of NRCP 56(e), and avoid mere general conclusions or argument. Affidavits/declarations substantially defective in these respects may be stricken, wholly or in part.
[Amended; effective June 25, 2024.]
Rule 2.22. Motions; appearance of counsel; and stipulations and orders for extension of time.
(a) Unless the date for the hearing of a motion is vacated or continued as provided in these rules, counsel for all parties to the motion must appear on the date and at the time set for hearing.
(b) Counsel may not remove motions from the calendar by calling the clerk or the judge’s chambers. If the date for the hearing of the motion has been set by the clerk, all interested parties to the motion may file a stipulation and order to vacate or continue the hearing of the motion. Written stipulations and orders must be filed not less than 1 day before the hearing date. Unless otherwise directed by the court, if the stipulation is not in writing, counsel for movant must appear at the hearing to present the oral stipulation. A hearing date that has been vacated or continued by stipulation and order may only be reset by stipulation and order that sets the same for hearing not less than 7 days from the date the new stipulation and order is filed.
(c) All interested parties to a motion may stipulate to continue the day fixed for the filing of an opposition or reply thereto. Such stipulation is ineffective unless it:
(1) Is in writing,
(2) Is filed with the clerk before the day fixed for filing the opposition or reply, and
(3) Contains an agreement and order extending the date for the hearing of the motion not less than the number of days granted as a continuance for the filing of the response or reply.
(d) When it appears to the court that a hearing date has been set by the clerk, the court may not, unless the other business of the court requires such action, continue the matter except as provided in this rule or upon a showing by motion supported by affidavit or oral testimony that such continuance is in good faith, reasonably necessary and is not sought merely for delay.
[Amended; effective January 1, 2020.]
Rule 2.23. Motions decided without oral argument.
(a) At the request of a judge, the clerk must promptly bring to the judge’s attention every motion to which no response has been timely filed. The clerk must also submit all motions, whether responded to or not, to the judge not less than 3 days before the scheduled hearing.
(b) If the time to oppose a motion has passed and no opposition has been filed, counsel for the moving party may submit an order granting the motion pursuant to Rule 2.20 to the chambers of the assigned department.
(c) The judge may consider the motion on its merits at anytime with or without oral argument, and grant or deny it.
(d) When a judge decides a motion before the hearing date, it must be removed from the calendar and the clerk must enter an order upon the minutes of the court reflecting the action taken.
[Amended; effective July 2, 2007.]
Rule 2.24. Rehearing of motions.
(a) No motions once heard and disposed of may be renewed in the same cause, nor may the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.
(b) A party seeking reconsideration of a ruling of the court, other than any order that may be addressed by motion pursuant to NRCP 50(b), 52(b), 59 or 60, must file a motion for such relief within 14 days after service of written notice of the order or judgment unless the time is shortened or enlarged by order. A motion for rehearing or reconsideration must be served, noticed, filed and heard as is any other motion. A motion for reconsideration does not toll the period for filing a notice of appeal from a final order or judgment.
(c) If a motion for rehearing is granted, the court may make a final disposition of the cause without reargument or may reset it for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case.
[Amended; effective January 1, 2020.]
(a) Every motion or stipulation to extend time shall inform the court of any previous extensions granted and state the reasons for the extension requested. A request for extension made after the expiration of the specified period shall not be granted unless the moving party, attorney or other person demonstrates that the failure to act was the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the first second, third, etc., requested extension.
(b) Ex parte motions for extension of time will not ordinarily be granted. When, however, a certificate of counsel shows good cause for the extension and a satisfactory explanation why the extension could not be obtained by stipulation or on notice, the court may grant, ex parte, an emergency extension for only such a limited period as may be necessary to enable the moving party to apply for a further extension by stipulation or upon notice, with the time for hearing shortened by the court.
[Amended; effective October 13, 2005.]
Rule 2.26. Shortening time. Ex parte motions to shorten time may not be granted except upon an unsworn declaration under penalty of perjury or affidavit of counsel or a self-represented litigant describing the circumstances claimed to constitute good cause and justify shortening of time. If a motion to shorten time is granted, it must be served upon all parties promptly. An order that shortens the notice of a hearing to less than 14 days may not be served by mail. In no event may the notice of the hearing of a motion be shortened to less than 1 day.
[Amended; effective January 1, 2020.]
(a) Exhibits submitted to the court that are in excess of 10 pages in length must be numbered consecutively in the lower right-hand corner of the document. Exhibits shall be separated by sheets with the identification “Exhibit ____” centered in the separator page in 24-point font or larger.
(b) Where the exhibits to be submitted are collectively in excess of 100 pages, the exhibits must be filed as a separate appendix and must include a table of contents identifying each exhibit and the numbering sequence of the exhibits.
(c) Unless otherwise ordered by the court, exhibits that are in a format other than documents that can be scanned may not be filed in support of pretrial and post-trial briefs. Where the court enters an order permitting the filing of nondocumentary exhibits in support of pretrial and post-trial briefs that contain audio or video information, the filing must be filed with a captioned cover sheet identifying the exhibit(s) and the document(s) to which it relates and be accompanied by a transcript of the contents of the exhibit.
(d) Oversized exhibits shall be reduced to eight and one-half inches by eleven inches (8.5" x 11") unless otherwise permitted by the court or unless such reduction would destroy legibility. An oversized exhibit that cannot be reduced shall be filed manually and separately with a captioned cover sheet identifying the exhibit and the document(s) to which it relates.
(e) Copies of pleadings or other documents filed in the pending matter, cases, statutes, or other legal authority shall not be attached as exhibits or made part of an appendix.
[Added; effective October 13, 2005; amended; effective June 25, 2024.]
Rule 2.28. Notice of and compliance with decision. An order of the court shall fix the time for compliance therewith. The party who obtains the order shall serve notice on the party whose compliance is required. Unless otherwise required, the time for complying with an order begins when service is made in the manner required by NRCP 4.
[Amended; effective June 25, 2024.]
(a) A copy of a proposed amended pleading must be attached to any motion to amend the pleading. Unless otherwise permitted by the court, every pleading to which an amendment is submitted as a matter of right, or has been allowed by order of the court, must be re-typed or re-printed and filed so that it will be complete in itself, including exhibits, without reference to the superseded pleading. No pleading will be deemed to be amended until there has been compliance with this rule.
(b) All amended pleadings must contain copies of all exhibits referred to in such amended pleadings. A pleader may, upon ex parte application, obtain an order from the court directing the clerk to remove any exhibit attached to prior pleadings and attach the same to the amended pleading.
Rule 2.31. Exemptions from mandatory pretrial discovery requirements. All cases that were not commenced by the filing of a complaint are exempt from the mandatory pretrial discovery requirements of NRCP 16.1.
[Amended; effective June 25, 2024.]
Rule 2.34. Discovery disputes; conferences; motions; stays.
(a) Unless otherwise ordered, all discovery disputes (except disputes regarding any extension of deadlines set by the discovery scheduling order, or presented at a pretrial conference or at trial) must be heard first by the discovery commissioner.
(b) Upon reasonable notice, the discovery commissioner may direct the parties to appear for a conference with the discovery commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the discovery commissioner. Counsel may not stipulate to vacate or continue a conference without the discovery commissioner’s consent.
(c) The discovery commissioner may shorten or extend any of the deadlines provided for in EDCR 2.20 for any discovery matter.
(d) Discovery motions may not be filed unless an affidavit of moving counsel is attached thereto setting forth that after a discovery dispute conference or a good faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A conference requires either a personal or telephone conference between or among counsel. Moving counsel must set forth in the affidavit with specificity what attempts to resolve the discovery dispute were made, what was resolved and what was not resolved, and the reasons therefor. If a personal or telephone conference was not possible, the affidavit shall set forth the reasons why the conference was not held. If the responding counsel fails to answer the discovery, the affidavit shall set forth what good faith attempts were made to obtain compliance. If, after request, responding counsel fails to participate in good faith in the conference or to answer the discovery, the court may require such counsel to pay to any other party the reasonable expenses, including attorney fees, caused by the failure. When a party is not represented by counsel, the party shall comply with this rule. The movant must sufficiently detail in an affidavit the essential facts to enable the discovery commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the names of the parties who conferred or attempted to confer and the manner in which they communicated. The affidavit must demonstrate that counsel discussed their disputed issues with the same level of detail and legal support as is contained in their briefing before the court.
(e) The discovery commissioner may stay any disputed discovery proceeding pending resolution by the district judge.
(f) Following the hearing of any discovery motion or other contested matter heard by or submitted to the discovery commissioner, the discovery commissioner must prepare and file a report with the discovery commissioner’s recommendations for a resolution of each unresolved dispute. The discovery commissioner may direct counsel to prepare the report in accordance with EDCR 7.21 and 7.23. The discovery commissioner must file the report with the court and serve a copy of it on each party.
(1) Objections. Within 14 days after being served with a report, any party may file and serve written objections to the recommendations. Points and authorities may be filed with an objection but are not mandatory. If points and authorities are filed, any other party may file and serve responding points and authorities within 7 days after being served with the objections.
(2) Review. Upon receipt of a discovery commissioner’s report, any objections, and any response, the court shall:
(A) Affirm and adopt, reverse, or modify the discovery commissioner’s ruling without a hearing;
(B) Set the matter for a hearing; or
(C) Remand the matter to the discovery commissioner for reconsideration or further action.
(g) Papers or other materials submitted for the discovery commissioner’s in camera inspection must be accompanied by a captioned cover sheet complying with EDCR 7.20 that indicates that it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.
(h) If when counsel meet and confer pursuant to NRCP 16.1 they discover that the parties would benefit from participating in a settlement conference, that information along with 5 dates consistent with the settlement program on which it can be held should be included in the case conference report prepared pursuant to NRCP 16.1(c). The discovery commissioner will then pass said information on to the department managing the settlement conference program, and the department will contact counsel to schedule the case.
[Amended; effective June 25, 2024.]
Rule 2.35. Extension of discovery deadlines.
(a) Stipulations or motions to extend any date set by the discovery scheduling order must be in writing and supported by a showing of good cause for the extension and must be filed no later than 21 days before the earliest discovery deadline for which an extension is sought. A request made beyond the period specified above shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was the result of excusable neglect.
(1) All stipulations to extend any discovery scheduling order deadline shall be submitted to the assigned judge and shall include on the last page thereof the words “IT IS SO ORDERED” with a date and signature block for the judge’s signature.
(2) A motion to extend any discovery scheduling order deadline shall be set in accordance with EDCR 2.20.
(b) Every motion or stipulation to extend or reopen discovery shall include:
(1) A statement specifying the discovery completed;
(2) A specific description of the discovery that remains to be completed;
(3) The reasons why the discovery remaining was not completed within the time limits set by the discovery order;
(4) A proposed schedule for completing all remaining discovery;
(5) The current trial date; and
(6) Immediately below the title of such motion or stipulation a statement indicating whether it is the first, second, third, etc., requested extension, e.g.:
STIPULATION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FIRST REQUEST)
(c) The court may set aside any extension obtained in contravention of this rule.
[Added; effective October 13, 2005; amended; effective June 25, 2024.]
Rule 2.40. Responding to discovery requests. Answers to interrogatories must set forth each question in full before each answer. Each objection to an interrogatory, a request for admission, or a demand for production of documents and each application for a protective order must include a verbatim statement of the interrogatory, question, request or demand, together with the basis for the objection. A demand to compel further answer to any written discovery must set forth in full the interrogatory or request and the answer or answers thereto.
[Amended; effective October 13, 2005.]
Rule 2.47. Motions in limine. Unless otherwise provided for in an order of the court, all motions in limine to exclude or admit evidence must be in writing and filed not less than 45 days prior to the date set for trial and must be heard not less than 14 days prior to trial.
(a) The court may refuse to sign orders shortening time and to consider any oral motion in limine and any motion in limine which is not timely filed or noticed.
(b) Motions in limine may not be filed unless an unsworn declaration under penalty of perjury or affidavit of moving counsel is attached to the motion setting forth that after a conference or a good-faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A “conference” requires a personal or telephone conference between or among counsel. Moving counsel must set forth in the declaration/affidavit what attempts to resolve the matter were made, what was resolved, what was not resolved and the reasons therefore. If a personal or telephone conference was not possible, the declaration/affidavit shall set forth the reasons.
[Amended; effective April 23, 2008.]
Rule 2.49. Assignment of matters to specialty dockets.
(a) “Specialty dockets” shall include:
(1) Matters in which the primary claims or issues are based on, or will require decision under the construction defect statutes, NRS 40.600 et seq.;
(2) “Business matters” as defined under EDCR 1.61;
(3) “Medical malpractice court matters” as defined pursuant to EDCR 1.66; and
(4) Any other specialty dockets that may be established by the chief judge to handle complex matters.
(b) Assignment of specialty dockets.
(1) Unless otherwise provided in these rules, specialty dockets shall be divided among those civil judges designated by the chief judge to hear the particular specialty docket.
(2) Any party in a case may file a request in the pleadings or noticed motion that a case be assigned to a specialty docket. A request may be made by a plaintiff or petitioner in the caption of the initial complaint or petition by identifying the category that provides the basis for assignment to a specialty docket. If the request is made in the caption of the initial complaint or petition, the matter will be automatically assigned to a specialty docket by the clerk’s office. If the request is made by a party in the caption of its initial appearance or response, other than by the plaintiff/petitioner, then the case shall be randomly assigned to those civil judges designated by the chief judge to hear the particular specialty docket for determination as to whether the case should be handled on the specialty docket.
(3) A civil judge to whom a matter is assigned may refer the matter to a specialty docket for determination as to whether the matter should be handled on the specialty docket. Upon referral, the case shall be randomly assigned to those civil judges designated by the chief judge to hear the particular specialty docket for determination as to whether the case should be handled on the specialty docket.
(4) The assigned judge shall decide whether a case should be handled on the specialty docket. Any matter not deemed appropriate to be handled on the specialty docket shall be randomly reassigned if it was originally assigned to the specialty docket. If a case was submitted to the assigned judge to determine whether it should be handled on the specialty docket and the assigned judge rules that it is not, that case will be remanded to the department of origin.
(c) Notice of related cases.
(1) In any business or complex matter or medical malpractice court matter, any party, or counsel for any party, who is on notice that such action is related to another action on file (including any active or inactive civil, criminal, domestic, probate, guardianship, or bankruptcy action filed in any state or federal court) shall, within 21 days of first appearing, or obtaining notice of the other action(s), file and serve in each action currently pending in the Eighth Judicial District a notice of related cases. This notice shall set forth the title, case number, and court in which the possibly related action is or was filed, together with a brief statement of the relationship between the actions.
(2) An action may be considered to be related to another action when:
(A) Both actions involve the same party or parties and are based on the same or similar claim; and/or
(B) Both actions involve the same property, transaction, or event.
[Added; effective January 4, 2010; amended; effective June 25, 2024.]
Rule 2.50. Consolidated and coordinated cases.
(a) Consolidated cases.
(1) Motions for consolidation of two or more cases must be heard by the judge assigned to the case first commenced. Such a motion would be prematurely brought if done in advance of the filing of an answer. If consolidation is granted, the consolidated case will be heard before the judge ordering consolidation.
(2) Documents filed subsequent to the consolidation shall list only the caption and case number of the lowest-numbered case.
(3) Each document will include on the certificate of service the following additional information: “This document applies to Case No. _______” and will list all applicable case numbers and parties.
(4) The clerk shall file documents only in the lowest case number so listed.
(b) Coordinated cases.
(1) Motions for the handling of two or more cases in a coordinated fashion or for consolidation for less than all purposes must be heard by the judge assigned to the case first commenced. If coordination is granted, the coordinated case will be heard before the judge ordering coordination.
(2) Documents filed subsequent to the coordination shall list all case numbers and captions, with the lowest number appearing first, and the clerk shall be provided sufficient copies for each case number so listed.
(c) Regardless of any other provision in these rules, the chief judge shall have the authority to order the consolidation or coordination of any cases pending in the district.
[Amended; effective March 12, 2015.]
Rule 2.51. Settlement conferences.
(a) At the request of any party or on its own motion, the court may order the parties to participate in a settlement conference.
(b) Unless otherwise ordered by the settlement judge, at least 24 hours before any scheduled settlement conference, each party must submit to the settlement judge a confidential settlement conference brief that is no more than 5 pages in length and addresses each of the following issues:
(1) A brief factual statement regarding the matter;
(2) The procedural posture of the case including any scheduled trial dates;
(3) The strengths and weaknesses of each parties’ claims;
(4) The settlement negotiations that have transpired and whether the parties have engaged in any prior mediations or settlement conferences and the identity of the mediator or prior settlement judge;
(5) The dates and amounts of any demands and offers and their expiration date(s);
(6) Any requirements of a settlement agreement other than a release of all claims for the matter and a dismissal of all claims;
(7) Any unusual legal issues in the matter;
(8) The identity of the individual with full settlement authority who will be attending the settlement conference on behalf of the party;
(9) Any insurance coverage issues that might affect the resolution of the matter; and
(10) If the case involves any primary claims or claims in the alternative arising from NRS Chapter 41A, the settlement conference brief may be up to 20 pages in length and must also include:
(A) Whether the healthcare provider has given consent; and
(B) Computation of damages calculated with due regard for the applicable provisions of NRS 42.021.
[Added; effective July 2, 2007; amended; effective June 25, 2024.]
Rule 2.55. Discovery scheduling order.
(a) All cases that were not commenced by the filing of a complaint are exempt from the entry of a scheduling order pursuant to NRCP 16(b).
(b) Except in actions exempted by the trial court as inappropriate, the judge shall, after receiving input from the attorneys for the parties and any unrepresented parties by way of a case conference report and/or a scheduling conference, enter a scheduling order that limits the time:
(1) To complete discovery obligations;
(2) To join other parties and to amend the pleadings; and
(3) To file and hear dispositive motions.
(c) When a trial date is vacated without resetting, the judge shall enter an amended scheduling order.
[Amended; effective January 1, 2020.]
Rule 2.60. Trial setting orders.
(a) A case commenced by the filing of a complaint must first have a scheduling order entered before a trial date is set. The court shall prepare, serve and file a notice or order setting the case for trial.
(b) In the trial setting order, the court may in its discretion set dates for the attorneys for the parties and any unrepresented parties to appear before it for pretrial conferences to facilitate settlement, to participate in a calendar call, to complete pretrial motion practice (in addition to that set forth in the scheduling order) and to discuss any other matters, as set forth in NRCP 16(c) and (e).
(c) When a case that was not commenced by the filing of a complaint is at issue, any party may request the setting of an NRCP 16(a) pretrial conference and trial date by filing and serving on all other parties a “Request for Rule 16 Conference [Hearing Requested].”
[Amended; effective January 1, 2020.]
Rule 2.67. Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum.
(a) Prior to any calendar call or final pretrial conference, the designated trial attorneys for all the parties must meet together to exchange their exhibits and lists of witnesses, and arrive at stipulations and agreements, all for the purpose of simplifying the issues to be tried. The plaintiff must designate the time and place of the meeting, which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. The attorneys must then prepare a joint pretrial memorandum that must be served and filed not less than 15 days before the date set for trial. If agreement cannot be reached, a memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each memorandum must be delivered to the court at the time of filing.
(b) The pretrial memorandum must be as concise as possible and must state the date the conference between the parties was held, the persons present, and include in numerical order the following items:
(1) A brief statement of the facts of the case.
(2) A list of all claims for relief designated by reference to each claim or paragraph of a pleading and a description of the claimant’s theory of recovery with each category of damage requested.
(3) A list of affirmative defenses.
(4) A list of all claims or defenses to be abandoned.
(5) A list of all exhibits, including exhibits that may be used for impeachment, and a specification of any objections each party may have to the admissibility of the exhibits of an opposing party. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits.
(6) Any agreements as to the limitation or exclusion of evidence.
(7) A list of the witnesses (including experts) and the address of each witness that each party intends to call. Failure to list a witness, including impeachment witnesses, may result in the court’s precluding the party from calling that witness.
(8) A brief statement of each principal issue of law that may be contested at the time of trial. This statement shall include with respect to each principal issue of law the position of each party.
(9) An estimate of the time required for trial.
(10) Any other matter that counsel desires to bring to the attention of the court prior to trial.
(c) When a party is not represented by an attorney, the party must comply with this rule. Should the designated trial attorney or any party in proper person fail to comply, a judgment of dismissal or default or other appropriate judgment may be entered or other sanctions imposed.
(d) The above requirements are in addition to the requirements mandated of counsel by NRCP 16.1(a)(3).
[Amended; effective June 25, 2024.]
Rule 2.68. Final pretrial conference.
(a) At the request of court or counsel, the court may conduct a pretrial conference. Such conference may be held 3 weeks prior to trial or at any other time convenient to the court and counsel.
(b) At the pretrial conference, the court may consider the following subjects:
(1) Prospects of settlement.
(2) Use of depositions at trial in lieu of live testimony.
(3) Time required for trial.
(4) Alternate methods of dispute resolution.
(5) Readiness of case for trial.
(6) Any other matters.
(c) The pretrial conference must be attended by designated trial counsel who are knowledgeable and prepared for such conference. Should the designated trial counsel fail to appear at the pretrial conference or to comply with this rule, an ex parte hearing may be held and judgment of dismissal or default or other appropriate judgment entered or other sanctions imposed.
(d) If the case involves any claim arising from NRS Chapter 41A, a final pretrial conference is mandatory and may also include the following subjects in addition to those in subsection (b):
(1) Order of witnesses;
(2) Exhibit list for trial; and
(3) Any other matters.
[Amended; effective June 25, 2024.]
(a) Unless otherwise directed by the court, trial counsel must bring to calendar call:
(1) All exhibits already marked by counsel for identification purposes.
(2) Typed exhibit lists with all stipulated exhibits marked as admitted.
(3) Jury instructions in 2 groups: the agreed upon set and the contested set. The contested instructions must contain the name of the party proposing the same and the citations relied upon for authority.
(4) Proposed voir dire questions.
(5) Original depositions.
(6) A list of equipment needed for trial that is not usually found in the courtroom, i.e., overhead, VCR and monitor, view box, etc. At calendar call, the court or its designee will inform counsel if such equipment is available in house or if counsel must procure the same and bring to the courtroom.
(7) Courtesy copies of legal briefs on trial issues. Originals must be filed and a copy served on opposing counsel at or before the close of trial.
(b) All subpoenas for production of medical records as authorized by NRS 52.325 (if not already produced) or for the production of records of a hotel or casino must direct the custodian of records to appear at calendar call and lodge such documents rather than at trial.
(c) Failure of trial counsel to attend calendar call and/or failure to submit required materials shall result in any of the following, which are to be ordered within the discretion of the court:
(1) Dismissal of the action.
(2) Default judgment.
(3) Monetary sanctions.
(4) Vacation of trial date.
(5) Any other appropriate remedy or sanction.
(d) At calendar call, the court may schedule a conference to be held prior to the commencement of trial at which the following issues are resolved:
(1) Any legal or evidentiary issues anticipated to be raised by the parties during trial;
(2) Jury instructions and verdict forms;
(3) Proposed voir dire questions;
(4) Any stipulations to the admission of proposed exhibits;
(5) The prescreening of any demonstrative or illustrative exhibits to be used with the jury;
(6) Any objections by the parties to allowing jurors to ask questions under the procedures set forth in Flores v. State, 114 Nev. 910, 965 P.2d 901 (1998);
(7) The scheduling of witnesses to ensure limited delays in the proceedings and any proposals by the parties regarding clustering of expert witness testimony;
(8) The portions of any depositions to be read or shown by videotape to the jury and any objections to the portions; and
(9) The content of notebooks to be provided to the jury.
[Amended; effective June 25, 2024.]
(a) An application for a judgment by default, irrespective of the amount of the proposed judgment, must be made upon affidavit unless the court specifically requests the presentation of oral testimony. Supporting affidavits must be made on personal knowledge, not by the attorney representing the plaintiff; set forth such facts as would be admissible in evidence; show affirmatively that the affiant is competent to testify to the matters stated therein; and avoid mere general conclusions or argument. An affidavit substantially defective in these respects may be stricken, wholly or in part, and the court may decline to consider the application for the default judgment.
(b) Unless written notice of the application is required or the prior consent of the court is obtained, a request for the entry of judgment by default under NRCP 55(b)(2) must be made without placing the matter on the motion calendar. The application, together with any supporting affidavits, must be left with the clerk who shall promptly deliver the same to the judge for consideration in chambers.
[Added; effective June 25, 2024.]
Rule 2.75. Stipulations for dismissal. A stipulation which terminates a case by dismissal must also indicate whether or not a Request for Trial Setting or Scheduling Order has been filed and, if a trial date has been set, the date of that trial.
Rule 2.80. Subpoenas for foreign deposition.
(a) A party seeking the issuance from the clerk of a subpoena for the purpose of taking a foreign deposition in the district must present and tender to the clerk the following:
(1) Copies of the papers required by the Uniform Interstate Depositions and Discovery Act, NRS 53.100 to NRS 53.200.
(2) A cover sheet in the form required by EDCR 7.20, with the title of the court as “Eighth Judicial District Court” and not the foreign court in which the action is pending. For purposes of EDCR 7.20, the cover sheet must be described as “Request for Foreign Deposition Subpoena.”
(3) Such filing fees as may be required by law.
(b) Upon compliance with subsection (a), the clerk must collect the required fee, assign a case number to the request, and retain for the clerk’s records the copies of the papers referred to in subsection (a)(1), as well as the cover sheet required by subsection (a)(2).
(c) Subpoena(s) may then be issued and enforced in conformance with NRCP 45.
(d) All subsequent proceedings involving the request or the issuance of a subpoena, including show cause proceedings, must be commenced by pleadings or papers bearing the case number as assigned above.
[Amended; effective June 25, 2024.]
Rule 2.90. Dismissal for lack of prosecution.
(a) Any civil case which has been pending for more than 12 months and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.
(b) Written notice of the entry of a dismissal pursuant to this rule must be given to each party who has appeared in the action, or to the attorney for that party. Placing a copy of the notice in the attorney’s folder maintained in the Office of the Clerk of the Court constitutes notice to that attorney.
(c) A case which has been dismissed pursuant to this rule will be reinstated at the written request of a party or the party’s attorney if the request is filed within 30 days of the date of service of written notice of the entry of the dismissal.
[Amended; effective January 17, 2012.]
Rule 2.91. Voluntary dismissal processing. In order to assist the court with its caseload management requirements, any voluntary dismissal that is prepared pursuant to NRCP 41(a)(1) which resolves all pending claims and renders the case ripe for closure shall be delivered to the chambers of the assigned department prior to filing. An individual in the assigned department will then affix the blue ink statistical case closure stamp to it, check the appropriate voluntary dismissal box on it, and place their initials next to the stamp’s lower right-hand corner. Thereafter, the document can be filed.
[Added; effective January 17, 2012.]
PART III. CRIMINAL PRACTICE
Rule 3.01. Scope of rules. The rules in Part III govern the practice and procedure in all criminal proceedings except in juvenile cases expressly provided for in Title 5 of NRS.
Rule 3.10. Consolidation and reassignment.
(a) When an indictment or information is filed against a defendant who has other criminal cases pending in the court, the new case may be assigned directly to the department wherein a case against that defendant is already pending.
(b) Unless objected to by one of the judges concerned, criminal cases, writs or motions may be consolidated or reassigned to any criminal department for trial, settlement or other resolution.
(c) In the event of negotiations being reached as to multiple cases having the same defendant, defense counsel and the prosecution may stipulate to having all of the involved cases assigned to the department having the oldest case with the lowest case number, and the court clerk shall then so reassign the involved cases. If the negotiations later break down, then the court clerk will again reassign the involved cases back to their respective department(s) of origin. The objection provision of subparagraph (b) above does not pertain to this present subparagraph (c).
[Amended; effective June 10, 2022.]
Rule 3.20. Motions. Either the prosecutor or the defendant may place a matter on calendar by oral request to the clerk of the court made not later than 11:00 a.m. on the day preceding the date of the hearing. Such requests are to be used only to bring to the attention of the court a matter of an emergency nature or to place a case on calendar when the matter is to be resolved, such as by entry of a guilty plea or for dismissal. An oral request to the clerk to place a case on the calendar for the hearing of any other matter is improper.
[Amended; effective June 10, 2022.]
Rule 3.70. Papers which may not be filed. Except as may be required by the provisions of NRS 34.720 to 34.830, inclusive, all motions, petitions, pleadings or other papers delivered to the clerk of the court by a defendant who has counsel of record will not be filed but must be marked with the date received and a copy forwarded to that attorney for such consideration as counsel deems appropriate. This rule does not apply to motions made pursuant to N.R.Cr.P. 3(2)(B)(ii).
[Amended; effective June 10, 2022.]
PART IV. PROBATE; TRUSTS AND THE ADMINISTRATION OF ESTATES
Rule 4.01. Scope of rules. Part IV governs the practice and procedure of all proceedings under Title 12 and Chapters 162 through 167 of Title 13 of the NRS.
[Amended; effective September 2, 2014.]
Rule 4.02. Probate judge. The chief judge shall appoint one or more district court judge(s) to serve as the probate judge(s) for the Eighth Judicial District Court of Nevada. The chief judge shall also have the discretion to allocate probate matters among the several probate judge(s). In the event that a probate judge is preempted, disqualified from hearing a matter, or is otherwise unable to accommodate a matter for any good cause, the chief judge shall assign the matter to another probate judge, or, if none, to any district judge.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.03. Probate commissioner, generally.
(a) All probate and trust proceedings under Title 12 and Chapters 162 through 167 of Title 13 of the NRS are automatically referred to the probate commissioner, subject to Rule 4.08. The probate commissioner shall be deemed a special master as governed and defined under NRCP 53 and these rules.
(b) A district court judge may refer any other matter to the probate commissioner for recommendation unless prohibited by law. Such referral may be by application of a party to the action or on the judge’s own initiative.
(c) In any civil action in which the capacity or standing of a party to represent a decedent or an estate is in question, any district court judge may refer the matter to the probate commissioner for determination of standing or capacity. The probate commissioner shall conduct a review of all necessary documents, conduct hearings as needed, prepare and file a written report containing findings, conclusions, and a recommendation for resolution as provided under these rules.
(d) The probate commissioner shall hear and make recommendations on all matters assigned to the probate commissioner, except those matters that require disqualification or those matters that are referred or removed to the probate judge or the chief judge’s designee as provided under these rules. The probate commissioner shall disclose on the record the basis of the probate commissioner’s disqualification and shall ask the parties and their lawyers to consider, out of the presence of the probate commissioner, whether to waive disqualification. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers all agree that the probate commissioner should not be disqualified, and the probate commissioner is willing to participate, the probate commissioner may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.
[Added; effective September 2, 2014.]
Rule 4.04. Authority of the probate commissioner.
(a) The probate commissioner shall have the following authority on those matters heard before the probate commissioner:
(1) To receive oral, documentary, and tangible evidence and to establish a record;
(2) To make findings of fact, recommended conclusions of law, and recommendations for the provisions and enforcement of any order; and
(3) To exercise any other power or duty contained in an order issued by the chief judge or a probate judge, as applicable.
(b) The probate commissioner may recommend a district judge to make an immediate determination of appropriate sanctions for contemptuous behavior, issue a bench warrant, quash a warrant, or release persons arrested thereon.
(c) The probate commissioner may perform the duties of any other duly appointed master or commissioner as the administration of justice may require and as authorized under NRCP 53(d).
(d) The probate commissioner may make appropriate sanctions for a party’s failure to comply with the applicable statutes or rules of the court.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.05. Probate commissioner’s reports and recommendations.
(a) Except as otherwise provided in these rules, within a reasonable time following the hearing of any motion, petition, or other contested matter that is heard by or submitted to the probate commissioner, the probate commissioner shall prepare and file a report setting forth written findings of fact, recommended conclusions of law, and recommended form of order for resolution of the matter.
(b) The probate commissioner may direct counsel for a party to prepare the report in accordance with EDCR 7.21 and 7.23, which shall be delivered to the probate commissioner no later than 14 days after the probate commissioner so directs, unless the probate commissioner shall designate some other time period. In contested proceedings, such attorney shall serve a copy of the proposed report upon counsel for all parties who have appeared at the hearing and are affected by the report, unless otherwise directed by the probate commissioner, and submit proof of such service to the probate commissioner with the proposed report. Except when the probate commissioner believes it is appropriate to immediately enter the report, the probate commissioner will wait 7 days before entering the report to enable the submission of a competing report by counsel for another party.
(c) Promptly upon the probate commissioner’s execution of a report, the probate commissioner shall file the report with the court and serve a copy of the report on all parties or direct one of the parties to perfect service of the same. Service of the report is deemed complete upon submission or sending if the report is served by electronic service pursuant to the NEFCR and Part VIII of these rules, or 3 days after mailing to a party or a party’s attorney if served by mail.
(d) The parties may stipulate to immediate entry of an order on the probate commissioner’s recommendation.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.06. Objections to probate commissioner’s reports and recommendations.
(a) Within 14 days after being served with a report, any party may file with the clerk of the court and serve on all interested parties a written request for judicial review of the matter by the probate judge, together with specific written objections to the recommendations set forth in the probate commissioner’s report and a memorandum of points and authorities setting forth the factual and legal basis for said objections.
(b) Upon filing of a timely request for judicial review, the matter will be transferred to the probate judge and be placed by the clerk of the court for hearing before the probate judge. Unless otherwise ordered by the probate judge, the hearing shall be set on the next available probate calendar but no less than 28 days from the date of filing the request.
(c) Within 14 days after the service of the written objections, the opposing party may file an opposition thereto, together with a memorandum of points and authorities, if any, stating reasons showing why the relief requested should be denied. A moving party may file a reply memorandum of points and authorities not later than 7 days before the matter is set for hearing.
(d) Failure to file and serve such request and written objections within the 14-day period will result in the automatic affirmance of the probate commissioner’s recommendation by the probate judge.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.07. Judicial review by probate judge of probate commissioner’s reports and recommendations.
(a) Judicial review of a final recommendation of the probate commissioner will be confined to the record, together with the specific written objections.
(b) On judicial review of cases concerning alleged irregularities in procedure of a contested probate matter heard by the probate commissioner that are not shown in the record, the probate judge may receive evidence concerning the alleged irregularities, including allegations of ex parte communications between the probate commissioner and a party or any other irregularities that would tend to diminish the public’s confidence in the court’s independence, impartiality, and/or integrity.
(c) Upon receipt of a probate commissioner’s report, request for judicial review, and any response and reply, the probate judge shall:
(1) Affirm, reverse, or modify the probate commissioner’s ruling, with or without oral argument in accordance with EDCR 2.23; or
(2) Remand the matter to the probate commissioner for reconsideration or further action.
(d) Pending the probate judge’s review of any objection to the probate commissioner’s report, parties shall refrain from taking any action inconsistent with the probate commissioner’s recommendations, unless otherwise ordered by the probate judge. The probate judge may affirmatively enforce the probate commissioner’s recommendation pending the probate judge’s review.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.08. Transfer to the probate judge; injunctions and restraining orders.
(a) In any matter referred to the probate commissioner, each party is entitled, as a matter of right, to have any contested matter heard before the probate judge provided that the probate commissioner has not made any ruling on such contested matter or commenced hearing such contested matter. A party wishing to exercise such right shall make the request to the probate commissioner in writing or orally prior to commencing the hearing on any contested matter. The probate commissioner shall place the matter on the probate judge’s calendar for hearing before the probate judge at the probate judge’s next available hearing date. The probate judge may, upon resolution of the contested matter, enter an order retaining the case at the discretion of the probate judge. If the probate judge does not enter an order retaining the case, then the case shall be returned to the probate commissioner’s calendar.
(b) A request to transfer a matter to the probate judge shall be filed with the clerk and emailed to the inbox for the probate department and the department assigned to the matter no later than 4:00 p.m. on the Friday prior to the week the matter is to be heard. The request to transfer shall specifically identify the following, with the appropriate box marked:
□ Schedule evidentiary hearing—discovery completed
□ Schedule evidentiary hearing—discovery plan needed
□ Schedule oral argument on matter of law—fully briefed
□ Schedule oral argument on matter of law—briefing schedule needed
After receiving the request to transfer, the probate commissioner shall remove the matter from the probate calendar, and the assigned department shall calendar the matter for hearing on the next available hearing date and specifically set forth the scope of the hearing. The scope of the hearing will indicate whether the hearing is to set an evidentiary hearing, discovery plan, oral argument on any matter fully briefed, or briefing schedule. Parties are encouraged to submit a stipulation and order with an agreed upon discovery plan, or briefing schedule, by 4:00 p.m. on the Friday prior to the week the matter is to be heard. Any stipulation and order submitted shall vacate the pending hearing date and leave space for the department to include a new hearing date for the evidentiary hearing or oral argument.
(c) A motion for relief pursuant to NRCP 65 must be heard and considered by the assigned probate judge, not the probate commissioner. The master calendar shall set all applications for injunctions or restraining orders in probate matters on the assigned probate judge’s calendar. Subject to EDCR 4.08(a), all other proceedings in the case will be heard by the probate commissioner.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
(a) The probate commissioner will hear the probate calendar at such day and time as designated by the probate commissioner, as approved by the chief judge. The probate commissioner will hear evidentiary hearings on such day and time as designated by the probate commissioner. The probate judge(s) shall hear probate matters at such days and times as designated by such probate judge in accordance with Part I of these rules. The probate judge(s) and the probate commissioner will provide the clerk’s office with a schedule of days and times at which to set probate petitions, motions, returns of sale, evidentiary hearings, and trials. A motion noticed for hearing on the wrong day or time may, at the discretion of the probate commissioner or probate judge, be set over to the next appropriate day or vacated to be properly noticed.
(b) In the event that the probate commissioner plans to be absent on a judicial day, the probate commissioner must reset the time for the hearing of the probate calendar or arrange for a probate judge to handle the probate commissioner’s calendar and shall coordinate planned absences with the probate judge(s) to ensure that adequate judicial coverage is maintained.
[Amended; effective June 25, 2024.]
Rule 4.11. Filings of matters before probate court and assignment of case numbers.
(a) All matters filed in probate court shall begin with the letter “P,” followed by the assigned case number, followed by an “E” for estate matters or a “T” for trust matters by the clerk of the court (e.g., P-123456-E or P-123456-T).
(b) Each trust over which the court is requested to assume jurisdiction must be filed as a separate case number absent an order from the probate judge permitting otherwise. This rule does not apply to subtrusts created under a trust (e.g., a survivor’s trust and a marital trust under a family trust).
(c) Petitions related to a decedent’s probate estate administration may not be filed in the same case as matters involving an inter vivos trust established by or for the benefit of the decedent absent an order of the probate judge permitting otherwise.
[Added; effective September 2, 2014.]
Rule 4.12. Petitions, applications, and motions; calendaring; orders shortening or extending time.
(a) All pleadings and papers filed before the probate commissioner shall comply with EDCR 7.20 and shall indicate for the department number “PC-1,” followed by the department number of the assigned probate judge, if known, in parentheses (e.g., Department No.: PC-1 (26)).
(b) Except as otherwise provided by these rules as to ex parte petitions, motions, and applications, all petitions, motions, and applications filed before the probate commissioner must include the designation “Hearing Requested” in the caption of the first page of the document directly below the case number and department number. The clerk shall set the matter for hearing, and the matter shall be processed in accordance with EDCR 4.13. If the probate commissioner determines that an ex parte filing necessitates a hearing, the probate commissioner shall set the matter for hearing, and the matter shall be processed in accordance with EDCR 4.13.
(c) The probate commissioner shall have broad discretion in managing the probate calendar and may set, shorten, or extend the time set for hearing on any matter before the probate commissioner in accordance with EDCR 2.25 and 2.26. The probate commissioner may also enter appropriate procedural orders, including briefing schedules and discovery orders, pertaining to matters on the probate calendar.
[Added; effective June 25, 2024.]
Rule 4.13. List of approved, deficient, and heard matters.
(a) Under the supervision of the probate judge(s), the probate commissioner must prepare a list of probate matters that are scheduled for hearing. Such list shall be finalized and posted on the probate court’s official website before 4:00 p.m. on the day prior to hearing.
(b) The list shall designate each matter as being approved, denied, or requiring a hearing, which shall be designated as “court’s discretion.” The list shall also indicate whether the hearing has been continued and the new hearing date.
(c) In addition to the above, the list may, in the discretion of the probate commissioner, identify those cases scheduled for hearing that are deficient for hearing or determination and the basis for such deficiency to allow parties to correct such deficiencies prior to 12:00 p.m. on the day prior to hearing. The probate commissioner may then designate such matters as approved, denied, or as requiring a hearing.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
(a) Any matter designated as approved on the list described in EDCR 4.13 may be heard without an appearance by the parties and/or their counsel. In order to be approved, the following shall be strictly observed:
(1) All petitions must be verified.
(2) The petitions filed must be without objection.
(3) Death certificates, where applicable, must be attached to the initial petition as an exhibit.
(4) Where a bond is required, the petition must set forth with particularity the personal property of the estate together with the estimated amount of annual income from all sources.
(b) The original proposed order may be emailed to the probate department’s inbox no earlier than 7 days prior to the hearing and no later than 14 days after being notified of the court’s decision pursuant to EDCR 7.21.
(c) Proof of service through an affidavit of mailing or certificate of mailing must be filed contemporaneously or immediately after the actual mailing has taken place. All proof of service and proof of publication must be filed no later than 12:00 p.m. on the day prior to the hearing of the matter.
(d) At the time of the hearing, the probate commissioner shall read the docket of all cases and matters scheduled for hearing that have been designated as approved and inquire as to whether there are any persons present wishing to object to such approved matters. If no objections are so made, the probate commissioner will recommend approval to the probate judge without further hearing on such matters. If, however, any person appears and indicates a desire to contest or object to the relief requested, the probate commissioner may take the following actions:
(1) If the petitioning party and such party’s counsel are not present, the probate commissioner will ordinarily continue the matter to the next appropriate probate calendar date, if necessary, to allow all interested parties to be noticed of the objection. The probate commissioner may also direct the objecting or contesting party to file a written objection to the petition prior to the continued hearing date and may thereupon grant or otherwise act upon the petition if such written objection is not so timely filed.
(2) If the petitioning party or such party’s counsel is present, the probate commissioner may elect to hear the matter at such time to determine whether the matter is the proper subject of objection, whether the matter may in fact be ruled on at such time, or whether a continuance of the matter is appropriate. Subject to the provisions of EDCR 4.08, the probate commissioner may, as appropriate, thereupon hear the matter, continue the matter, impose a briefing schedule, set a discovery schedule as set forth under EDCR 4.17, direct the parties to a settlement conference as set forth under EDCR 4.19, and/or otherwise process the matter.
[Amended; effective June 25, 2024.]
Rule 4.16. Contested matters. At the time of the hearing, the probate commissioner shall consider the matters set to be heard. The probate commissioner may, as appropriate, hear the matter, continue the matter, impose a briefing schedule, set a discovery schedule as set forth under Rule 4.17, direct the parties to a settlement conference as set forth under Rule 4.19, and/or otherwise process the matter.
[Amended; effective September 2, 2014.]
Rule 4.17. Discovery in contested/litigated matters.
(a) In contested matters before the probate commissioner involving disputed issues of material fact, the probate commissioner shall set an evidentiary hearing date and a discovery schedule after receiving input from the attorneys for the parties and any unrepresented parties. Such settings shall be made at the time of the hearing on the initial petition commencing the litigation or at the request of any party thereto. The probate commissioner may direct the parties to meet and confer for the purpose of developing a discovery plan, subject to the probate commissioner’s approval. In matters that have been transferred to the probate judge pursuant to EDCR 4.08, the probate judge may set the hearing date and a discovery schedule under this rule on its own initiative or at the request of any party.
(b) The probate commissioner or the probate judge may, as appropriate, limit the time to:
(1) Complete discovery obligations;
(2) Join other parties and to amend the pleadings; and
(3) File and hear dispositive motions.
(c) The probate commissioner or the probate judge, where appropriate, may set any additional deadlines provided for under NRCP 16 and 16.1 as deemed necessary or appropriate based on the nature and scope of the contested issues to be determined at the evidentiary hearing.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.18. Discovery disputes.
(a) In contested matters before the probate commissioner, all discovery disputes must first be heard by the probate commissioner, the probate commissioner’s designee, or a special master approved by the parties, unless otherwise ordered by the probate judge.
(1) Upon reasonable notice, the probate commissioner may direct the parties to appear for a conference with the probate commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the probate commissioner. Counsel may not stipulate to vacate or continue a conference without the probate commissioner’s approval.
(2) The probate commissioner may shorten or extend any of the times provided for in EDCR 2.20 on any discovery motion.
(3) Discovery motions may not be filed unless an affidavit of moving counsel is attached thereto setting forth that after a discovery dispute conference or a good faith effort to confer, counsel have been unable to resolve the matter satisfactorily. A conference requires either a personal or telephone conference between or among counsel. Moving counsel must set forth in the affidavit with specificity what attempts to resolve the discovery dispute were made, what was resolved and what was not resolved, and the reasons therefor. If a personal or telephone conference was not possible, the affidavit shall set forth the reasons. If the responding counsel fails to answer the discovery, the affidavit shall set forth what good faith attempts were made to obtain compliance. If, after request, responding counsel fails to participate in good faith in the conference or to answer the discovery, the court may require such counsel to pay to any other party the reasonable expenses, including attorney fees, caused by the failure. When a party is not represented by counsel, the party shall comply with this rule. The movant must detail in an affidavit the essential facts sufficiently to enable the probate commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the name of the parties who conferred or attempted to confer and the manner in which they communicated.
(4) The probate commissioner may stay any disputed discovery proceeding pending resolution by the probate judge.
(5) Following the hearing of any discovery motion, the probate commissioner must prepare and file a report with the probate commissioner’s recommendations for a resolution of each unresolved dispute in accordance with EDCR 4.05. The probate commissioner may direct counsel to prepare the report in accordance with EDCR 7.21 and 7.23. The probate commissioner must file the report with the court and serve a copy of it on each party. Within 14 days after being served with a copy of the report, any party may file with the clerk of the court and serve on the other parties a written request for judicial review of the matter by the probate judge in accordance with EDCR 4.06.
(6) Papers or other materials submitted for the probate commissioner’s in camera inspection must be accompanied by a captioned cover sheet complying with EDCR 7.20 that indicates that it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.
(b) In contested matters before the probate judge, all discovery disputes must first be heard by the discovery commissioner, and the parties shall resolve such disputes in accordance with EDCR 2.34 unless otherwise ordered.
[Added; effective September 2, 2014; amended; effective June 25, 2024.]
Rule 4.19. Settlement conferences. At the request of any party or on the court’s own motion, the probate judge or the probate commissioner may direct the parties to participate in a settlement conference in the manner set forth under Rule 2.51.
[Added; effective September 2, 2014.]
(a) For good cause, the probate commissioner has the discretion to vacate or continue matters.
(b) At the call of the calendar, if a matter is not ready for hearing or approved, it may be continued from week to week for not more than 4 weeks. After the second continuance, it will be ordered off calendar unless a motion for further continuance is granted by the court. If a continuance is requested, the probate commissioner must be notified not later than 4:00 p.m. on Wednesday of the week the matter is to be heard. A later request will be considered only by the court upon a showing of good cause.
(c) At the call of the calendar, if objection or exception is taken to any matter on the approved list, and petitioner or petitioner’s counsel is not present, the court shall continue the matter and provide notice thereof to petitioner or petitioner’s counsel in any case wherein the court may effect a substantial change in the relief prayed for unless the probate commissioner determines that the objection is not meritorious or otherwise not grounded in applicable law.
(d) If an objecting party fails to file a written objection to a matter set for hearing or files and serves a written objection to a petition later than 4:00 p.m. on the Wednesday of the week the matter is to be heard, the nonobjecting party may, as a matter of right, request to continue the matter for 1 week to allow the nonobjecting party to file a written response to the objection. If a continuance is requested in the manner so provided herein, the probate commissioner must grant such continuance unless it would be manifestly unjust to do so.
[Amended; effective June 25, 2024.]
Rule 4.30. Consolidation/coordination with the lowest number.
(a) Whenever it appears that two or more petitions with different numbers have been filed with reference to the same probate or trust matter, the court may on its own motion consolidate, or in its discretion coordinate, all of the matters with the matter bearing the lowest number.
(b) Where a complete consolidation of proceedings is ordered, the clerk, unless otherwise ordered by the court, must file such consolidated proceeding and all subsequent papers relating thereto under the number assigned to the case which was filed first.
[Amended; effective September 2, 2014.]
Rule 4.40. Petitions for probate of wills and/or codicils.
(a) When a petition for probate of a will and/or a codicil is filed and the original of the instrument being offered for probate is not already lodged with the clerk of the court, it must be lodged concurrently with the filing of the petition. If the instrument is holographic, a typewritten copy of the instrument must also accompany the petition. The caption must clearly indicate the nature of the petition filed; e.g., Petition for Probate of Will and for Issuance of Letters Testamentary; Petition for Probate of Will and for Issuance of Letters of Administration with the Will Annexed; Petition for Letters of Administration.
(b) In addition to lodging the original instrument with the clerk of the court, copies of any documents offered for probate must be attached to the petition for examination by the probate commissioner.
[Amended; effective September 2, 2014.]
Rule 4.41. Notice of Related Cases.
(a) In any probate action any party, or counsel for any party, who is on notice that an action on file or about to be filed is related to another action on file (including any active or inactive civil, criminal, domestic, probate, or bankruptcy action filed in any state or federal court) shall, within 20 days of first appearing, or obtaining notice of the other action(s), file and serve in each action currently pending in the Eighth Judicial District a notice of related cases. This notice shall set forth the title, case number, and court in which the possibly related action is or was filed, together with a brief statement of the relationship between the actions.
(b) An action may be considered to be related to another action when:
(1) Both actions involve the same party or parties and are based on the same or similar claim; and/or
(2) Both actions involve the same property, transaction, or event.
[Added; effective March 12, 2015.]
Rule 4.50. Contents of probate orders. All orders or decrees in probate or trust matters shall set forth completely all matters actually passed on by the court and shall not merely refer to corresponding provisions of the petition. Probate or trust orders should be so drawn that their general effect may be determined without reference to the petition on which they are based. Orders must not be drawn so that only the signature of the court, or the date and signature, appear on a page, nor may any matter appear after the signature of the court, except that the name, address, and signature of the submitting attorney must appear on all orders below the judge’s signature line.
[Amended; effective September 2, 2014.]
PART V. FAMILY DIVISION MATTERS; GUARDIANSHIPS
5.100 Organization of the family court and these rules
(a) The family division, with the approval of the Supreme Court, has the inherent power to prescribe rules and policies for the conduct of proceedings in the family division.
(b) Unless otherwise ordered, the rules in Part V govern the practice and procedure in all matters heard in the family division, including claims normally heard in another division of the district court. Except as otherwise provided in Part V, the rules set out in Parts II, III, IV, and VII are inapplicable to matters heard in the family division, and the rules set out in Part VIII are superseded where there is conflict with part V.
(c) Juvenile cases, reciprocal support act cases, support cases prosecuted by a public agency, and other cases may be governed by procedures required by the Nevada Revised Statutes, federal law, or other rules or statutes. Any objection to a report and recommendation of a hearing master shall be heard under these rules and in accordance with the departmental assignment procedure.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.102. General terms and definitions.
(a) Affidavit. Unless the context indicates otherwise, “affidavit” includes an affidavit, a sworn declaration, and an unsworn declaration under penalty of perjury.
(b) Child custody proceeding. A “child custody proceeding” is any proceeding in which legal custody, physical custody, or visitation with respect to a minor child is an issue.
(c) Close of discovery. Unless otherwise ordered by the court, or otherwise required by another rule or statute, the expression “close of discovery” or references to a date by which discovery is due refers to the date by which discovery is to be completed, not the date on which it is to be requested.
(d) Day. A “day” is a 24-hour period from 12:00 a.m. to 11:59 p.m., regardless of the day of the week it falls or whether the courts are open on that day.
(e) Domestic violence orders. A “domestic violence order” is a temporary protective order (TPO) or extended order of protection (EOP) issued by either a hearing master subject to the approval of a district court judge or directly by a district court judge.
(f) Family division matters. A “family division matter” is any matter heard in the family division.
(g) Judge or court. Unless the context indicates otherwise, the term “judge” or “court” means the presiding judicial officer, whether a district court judge, hearing master, commissioner, or similar presiding officer, and references in other statutes or rules to the title of any judicial officer will be construed as referring to the judicial officer performing that function in the family division.
(h) NRCP. Unless the context indicates otherwise, references to “the NRCP” are to the current version of the Nevada Rules of Civil Procedure.
(i) Order. Unless the context indicates otherwise, “order” includes any disposition, decree, judgment, injunction, etc., issued by a court and filed by the clerk.
(j) Party. Unless the context indicates otherwise, “a party” means a party personally, if unrepresented, or that party’s counsel of record, if represented.
(k) Disobedient party. Unless the context indicates otherwise, a “disobedient party” means any party that has been directed in an order or judgment to execute a conveyance of land, deliver deeds or other documents, or perform any other specified act, and has failed to comply within the time specified.
(l) Pleadings, papers, filings, and documents. “Pleadings” and “papers” are the documents listed in the NRCP. Unless the context indicates otherwise, “filings” and “documents” are papers filed in an action.
(m) Sanctions. Unless the context indicates otherwise, “sanctions” includes:
(1) Sums payable as the court directs;
(2) An award of attorney fees and costs to the opposing party; and
(3) Procedural or substantive orders, such as dismissal, default, or other order.
(n) Service. Unless the context indicates otherwise, “service” means the providing of documents to a party in accordance with the statutes, rules, and court orders relevant to them. “Service” has the meaning described in the NRCP. Nothing in these rules permits service of a document by any means not provided for service of that document by other statute, rule, or court order. Unless the context indicates otherwise, “service” means the initiation of service by depositing papers into the mail, transmitting electronically, etc., not the receipt of the service.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
5.200 Court practice and procedure generally
Rule 5.201. Filing of case required before application for judicial order. A complaint or other initial pleading must first be filed with the clerk and assigned to a department before application is made to the judge for the entry of an order therein. This rule does not apply to family division matters seeking issuance of a temporary protective order, an order to seal record, an order allowing an indigent to file a complaint or another initial pleading without payment of fees, or as otherwise provided herein or by other rule, statute, or court order.
[Added; effective January 27, 2017.]
Rule 5.202. Departmental assignment procedure.
(a) “Same Parties” shall be found when:
(1) The same two persons are parties in any other pending case or were the parties in any other previously decided case assigned to a department of the family division, regardless of their respective party designation (e.g., plaintiff or defendant; applicant or respondent; joint petitioner, etc.); or
(2) A child involved in the case is also involved in any other pending case or was involved in any other previously decided case in the family division.
(b) Upon the filing of any action, the clerk’s office shall utilize the information provided on the Mandatory Family Court Cover Sheet to search the parties’ and child(ren)’s names to determine whether prior cases involving the same parties exist and assign cases pursuant to this rule.
(c) Pursuant to the mandates of NRS 3.025(3), any and all new cases involving the same parties shall be assigned to the same judicial department in the following manner:
(1) If no prior case involving the same parties exists, then the case will be randomly assigned.
(2) If one or more prior cases involving the same parties has previously been filed, the new case shall be assigned to the judicial department assigned to the earlier-filed case.
(3) The following exceptions shall apply:
(A) Cases filed pursuant to NRS Chapters 62A through 62I shall be directly assigned to the juvenile delinquency judicial department(s).
(B) Cases filed pursuant to NRS Chapter 432B shall be directly assigned to the juvenile dependency judicial department(s) since these cases do not involve the “same parties” (the State having filed a complaint against one or both of the parties on behalf of the children).
(C) Cases filed pursuant to NRS Chapters 159 and 159A relating to adult and minor guardianship actions shall be directly assigned to the guardianship judicial department(s).
(d) Cases filed pursuant to NRS Chapters 130 and/or 425 shall be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to this rule. The hearings shall be scheduled before the family support masters. Any objections to report and recommendations or other hearings required to be held before a district court will be heard by the assigned judicial department.
(e) Applications for temporary protective orders will be randomly assigned unless a case involving the same parties has already been assigned to a specific judicial department pursuant to this rule. Any objections or hearings required to be held before a district court judge will be heard by the assigned judicial department.
(f) Notwithstanding the provisions of this rule, if any judicial department takes an action on a case, including, but not limited to, signing an order or holding a hearing (except uncontested family division matters), then that case (and any existing cases involving the same parties) shall be assigned to the judicial department that took such action.
(g) A peremptory challenge filed in accordance with Supreme Court Rule 48.1 in any department not regularly presided over by a single judicial officer shall be construed as a disqualification of the department and cause for reassignment to another department of the family division.
(h) Conflicts regarding judicial department assignments pursuant to this rule shall be resolved by way of minute order by the presiding judge or the chief judge consistent with the mandates of NRS 3.025(3).
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.203. Simultaneous proceedings.
(a) If simultaneous proceedings are filed by the same parties, the court shall issue a Notice of Simultaneous Proceedings to inform the parties of the two pending actions. Unless otherwise ordered by the court, the court shall proceed in the case in which service is first effectuated (“first case”).
(b) The pleadings filed by the defendant in the other case (“second case”) shall be deemed an appearance in the first case.
(c) Nevertheless, an answer or other responsive pleading in the first case must be filed within 21 days of service of the Notice of Simultaneous Proceedings, along with any counterclaim or additional claims for relief; however, no additional filing fee will be required for such an answer or other filing, if already paid or waived by the court in the simultaneous proceeding. Any papers in the second case may also be filed by either party into the record of the first case.
(d) If an answer or other responsive pleading is not timely filed by the defendant in the first case, default may be sought and entered, after which plaintiff may proceed to obtain a default judgment as provided in these rules and the NRCP.
(e) If the first case proceeds as set forth herein, the court shall dismiss the second case when the court deems appropriate.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.204. Submissions to and actions of judge other than assigned judge.
(a) Except as otherwise provided by another rule or statute, or in an emergency, only the judge assigned to a case should issue orders in that case. In the absence of the judge assigned to a case, submissions in that case should be made to the first judge available in the following order:
(1) The senior, visiting, or designated judge assigned temporarily to the case, if any;
(2) The presiding judge of the family division;
(3) The chief judge of the Eighth Judicial District Court.
(b) Any order of an absent judge that is signed by another judge must conform to the record and will be deemed to be the order of the absent judge. Any nonconformity in such an order may be corrected by the absent judge after return.
(c) An order entered by a judge other than the judge assigned to the case may be enforced, reconsidered, or modified by the judge assigned to the case or by a subsequent senior, visiting, designated, presiding, or chief judge subsequently temporarily assigned to the case.
(d) When a case has been administratively reassigned or reassigned to a new judge after the retirement or other departure of the judge previously assigned to the case, the new judge assigned to the case shall be treated as the assigned judge with the authority to take any action that the judge previously assigned to the case might have taken.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.205. Filing and service of papers.
(a) Except as otherwise provided by these rules as to ex parte motions and orders, the clerk shall accept upon receipt electronically filed papers calling for the assignment of hearing dates or other administrative actions and perform those tasks, subject to cancellation if the document is subsequently rejected for filing. The presiding judge must approve in advance any basis or grounds used by the clerk for rejection of filings.
(b) A copy of any papers filed must be served on all other parties to an action, in accordance with the NRCP, the Nevada Electronic Filing and Conversion Rules, the Eighth Judicial District Electronic Filing and Service Rules, and these rules, within 3 days of submission for filing.
(c) If, after serving copies as provided in section (b), the filing party receives a hearing time not contained in the original service, and notice of the hearing has not been provided by the clerk, the filing party must serve a notice of hearing on all other parties to the action, in accordance with the NRCP and these rules, within 3 days of receiving the hearing time.
(d) If another rule, statute, or court order directs a pleading, paper, or filing to be served by some other method or on some other schedule, or permits a filing ex parte, then section (b) of this rule does not apply.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.206. Amended pleadings.
(a) An amended pleading must be refiled, complete in itself, including exhibits, without cross-reference to a superseded pleading. No pleading will be deemed to be amended until there has been compliance with this rule.
(b) A motion to amend a pleading must specify the changes between the original and proposed amended pleading and include a copy of the proposed amended pleading.
(c) If the referenced exhibits to a pleading have been separately filed as provided by these rules, the amended pleading may refer to the same separately filed collective exhibits.
(d) The title of any amended pleading shall denote whether it is the first, second, third, etc., amended pleading.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.207. Complaints for custody. Unless otherwise ordered, a case involving a complaint for custody or similar pleading addressing child custody or support between unmarried parties shall be construed as proceeding pursuant to NRS Chapter 126 (Parentage), and the issue of parentage shall be addressed at the first hearing and in a written order in the case.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.208. Family Division hearing masters.
(a) Except as provided otherwise by rule, statute, or court order, this rule governs matters heard by a Family Division hearing master.
(b) The appointment and proceedings of a hearing master shall be in accordance with the provisions of NRCP 53.
(c) A hearing master shall prepare a master’s report and recommendations that shall be furnished to each party at the conclusion of the proceedings in court; if not served in court, the report and recommendations shall be served upon each party pursuant to the NRCP.
(d) Within 14 days of service of the report and recommendations, either party may file a written objection. If a written objection is filed pursuant to this rule, the objection must be properly noticed with a hearing date set with the district judge and served upon all interested parties, as prescribed in EDCR 5 for motions. The court may affirm the master’s findings of fact unless clearly erroneous.
(e) In the absence of a timely objection, the findings and recommendations of the master shall be affirmed and become an order of the court.
[Added; effective January 27, 2017; amended; effective June 25, 2024.]
Rule 5.209. Court interpreters.
(a) A party must notify the Court Interpreter’s Office of a request for an interpreter in advance of a hearing or trial. Failure to do so may result in postponement of the proceeding.
(b) In exceptional cases, the interpreter’s fee may be waived, increased, or decreased at the discretion of the court.
(c) A party requesting an interpreter from outside Clark County is responsible for all expenses for that interpreter.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.210. Court appointed special advocate (CASA) services and protocols.
(a) The court in a juvenile matter may appoint a court appointed special advocate (CASA) for any minor child, may specify the services to be provided, and may continue or reschedule proceedings as necessary to accommodate CASA services. When an advocate is appointed, the CASA office shall supervise the advocate’s activities.
(b) A referral for CASA services of any case involving allegations of domestic violence must include an order that the CASA office implement its domestic violence protocol.
(c) Subject to available resources, the CASA office shall address juvenile services and family services.
(1) Juvenile services shall focus on the permanency planning needs of minor children who have been declared to be wards of the State of Nevada and adults involved with those children, ascertaining the children’s concerns, desires, and needs with regard to issues before the court.
(2) Family services shall focus on the best interest of minor children who are the subject of a custody dispute and adults involved with those children and on ascertaining the children’s concerns, desires, and needs with regard to the issues before the court.
(d) The CASA office may formulate guidelines, procedures, and policies relevant to the scope of services offered by CASA, subject to approval by the family division.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.211. Communications with the court. Except as provided otherwise by rule, statute, or court order or direction:
(a) Any written communication with the court shall be contemporaneously copied to all other parties;
(b) Ex parte communications with the court for scheduling, administrative, or emergency purposes shall be permitted so long as they are not designed to improperly gain a procedural or tactical advantage in a case and notice of the date and substance of the communication is provided to all other parties;
(c) In the event that any communication is made with the court in violation of this rule, the court may impose sanctions upon a finding that the communication was made to improperly gain a procedural or tactical advantage in a case;
(d) No person shall engage in ex parte contact with the court or court staff that is intended or reasonably would be perceived as intended to alter the outcome of pending judicial proceedings, or with the intent or likely result of causing a judicial recusal or disqualification.
[Added; effective June 10, 2022.]
Rule 5.212. Trial and hearings may be private.
(a) Except as otherwise provided by another rule or statute, the court shall, upon demand of either party, direct that the hearing or trial be private.
(b) Except as otherwise provided in subsections (c) or (d), upon such demand of either party, all persons must be excluded from the court or chambers wherein the action is tried, except:
(1) The officers of the court;
(2) The parties;
(3) The counsel for the parties and their staff;
(4) The witnesses (including experts);
(5) The parents or guardians of the parties; and
(6) The siblings of the parties.
(c) The court may, upon oral or written motion of either party or on its own motion, exclude the parents, guardians, or siblings of either party, or witnesses for either party, from the court or chambers wherein the hearing or trial is conducted.
(d) If the court determines that the interests of justice or the best interest of a child would be served, the court may permit a person to remain, observe, and hear relevant portions of proceedings notwithstanding the demand of a party that the proceeding be private.
(e) The court shall retain supervisory power over its own records and files, including the electronic and video records of proceedings, and possesses inherent authority to deny public access when justified. Unless otherwise ordered or required by rule or statute regarding the public’s right of access to court records, the record of a private hearing, or record of a hearing in a sealed case, shall be treated as confidential and not open to public inspection. Parties, their attorneys, and such staff and experts as those attorneys deem necessary are permitted to retain, view, and copy the record of a private hearing for their own use in the representation. Except as otherwise provided by rule, statute, or court order, no party or agent shall distribute, copy, or facilitate the distribution or copying of the record of a private hearing or hearing in a sealed case (including electronic and video records of such a hearing). Any person or entity that distributes or copies the record of a private hearing shall cease doing so and remove it from public access upon being put on notice that it is the record of a private hearing.
[Added; effective June 10, 2022.]
Rule 5.213. Access to sealed files. An attorney, or an agent of an attorney, shall be entitled to access, review, and order copies of portions of sealed files by court order or upon presentation of a signed statement of permission for such access by a party. The permission of access shall be maintained as part of the confidential case file.
[Added; effective June 10, 2022.]
Rule 5.214. Redactions to be made in unsealed cases and hearings open to the public.
(a) Except as otherwise provided by another rule or statute, or direction by the court, unless the case has been sealed, parties must refrain from including—or must partially redact, where inclusion is necessary—the following personal-data identifiers from all documents filed with the court, including exhibits:
(1) Social security numbers. If a social security number must be included, only the last four digits of that number should be used;
(2) Financial account numbers. If financial account numbers must be included, only the last four digits of these numbers should be used; and
(3) Tax identification numbers. If a tax identification number must be used, only the last four digits of that number should be used.
(b) The same limitations apply to oral presentations in open court during any hearing not made private under these rules.
[Added; effective June 10, 2022.]
Rule 5.215. Subpoena for foreign deposition. A party seeking the issuance of a subpoena from the clerk for the purpose of taking a foreign deposition in this judicial district must submit to the clerk all papers required by the relevant statutes or NRCP provisions, any required filing fees, and a cover sheet in the form required by these rules with the title of the court as “Eighth Judicial District Court,” describing the filing as “Request for Foreign Deposition Subpoena.”
[Added; effective June 10, 2022.]
Rule 5.216. Procedure for appointment of another person to execute documents pursuant to NRCP 70.
(a) A party seeking a court order for the appointment of a person to execute a conveyance of land, deliver deeds or other documents, or perform any other specific act must:
(1) Submit a motion for an order, supported by an affidavit;
(2) Submit a proposed order to the court; and
(3) Submit the documents, if any, to be executed by another person in place of the disobedient party.
(b) The motion or supporting affidavit must:
(1) Identify by title, date, page, and line number the judgment upon which the request is based;
(2) State that the judgment has not been modified by subsequent court order;
(3) State that the judgment has not been satisfied or what portion remains outstanding;
(4) State the facts establishing why it is necessary for another person to execute or deliver the documents at issue or perform the specific act required, including why each document submitted is necessary.
(5) Describe the efforts made to have the disobedient party execute or deliver the documents at issue or perform the specific act required, or what provision, futility, or impracticability prevented an attempt at doing so in advance of filing the request; and
(6) List each document to be executed or delivered or each specific act to be done by another person in place of the disobedient party.
(c) The proposed order must:
(1) Name the disobedient party who has failed to comply with an order to convey land, deliver a deed or other document, or to perform any other specific act within the time specified;
(2) Appoint another person to execute the documents in place of the disobedient party pursuant to NRCP 70.
(3) Name or describe each document to be executed or delivered, or what specific acts are to be done;
(4) Include a copy of each document to be executed or delivered, which may be redacted if necessary to prevent disclosure of private information;
(5) Include a signature line for the disobedient party on any documents to be executed;
(6) If possible, state that the other person named is signing on behalf of a disobedient party; and
(7) If ordered, impose the expense of the proceedings on the disobedient party.
(d) The court may grant the motion for order ex parte or may require that the disobedient party be served with the request and given an opportunity to respond. The court may also set a hearing on the motion.
(e) If the court grants the motion for an order and directs the clerk of the court to execute, deliver, or perform, then the moving party must submit the original documents to the clerk of the court for execution and inform the clerk of the court of the case number in which the order was entered, contact information for the moving party, and instructions on how the document should be returned.
[Added; effective June 10, 2022.]
Rule 5.217. Conduct and attire. Proceedings in court should be conducted with dignity and decorum. All persons appearing in court proceedings must be properly attired as befits the dignity of the court.
[Added; effective June 10, 2022.]
(a) Actions and presentations shall be tailored to serve the interests of candor, courtesy, and cooperation by demonstrating respect for the court and all opposing litigants and attorneys.
(b) Parties shall be adequately prepared for each court appearance and maintain control over their emotions.
(c) Arguments and comments are to be addressed to the court and not to anyone else.
(d) The only interruptions permitted are proper legal objections, concisely stating the basis for the objection.
(e) Personal attacks and excessive repetition of arguments are prohibited.
[Added; effective June 10, 2022.]
Rule 5.219. Sanctionable conduct. Sanctions may be imposed against a party, counsel, or other person, after notice and an opportunity to be heard, for unexcused intentional or negligent conduct, including, but not limited to:
(a) Presenting a position that is obviously frivolous, unnecessary, or unwarranted;
(b) Multiplying the proceedings in a case so as to increase costs unreasonably and vexatiously;
(c) Failing to prepare for a proceeding;
(d) Failing to appear for a proceeding;
(e) Failing or refusing to comply with these rules; or
(f) Failing or refusing to comply with any order or directive of the court.
[Added; effective June 10, 2022.]
Rule 5.220. Dismissal and closing of cases; reactivation procedure.
(a) A family case that has been pending for more than 6 months and in which no action has been taken for more than 3 months may be dismissed on the court’s own initiative without prejudice.
(b) A case shall be designated closed by the clerk of the court if:
(1) There has been no substantial activity in the case within 31 days of the notice of entry of decree or judgment;
(2) There has been no substantial activity in a postdispositional case within 31 days of notice of entry of a final order;
(3) There has been an involuntary dismissal without prejudice as set forth in these rules or the NRCP; or
(4) Upon order of the court.
(c) Written notice of entry of a dismissal or order of the court pursuant to this rule must be given to each party who has appeared in the action.
(d) A family division case that has been dismissed pursuant to this rule will be reactivated at the written request of a party if the request is filed within 30 days of service of written notice of entry of the dismissal.
[Added; effective June 10, 2022.]
Rule 5.221. Filing fee to reopen cases. A completed fee information sheet shall be filed and the current statutory fee payable to the county clerk shall be paid upon the filing of any motion or other paper that seeks to reopen a case; modify or adjust a final order that was issued pursuant to NRS Chapters 125, 125B, or 125C; or file an answer or response to such a motion or other paper. No such fee or information sheet is required for motions for reconsideration or for a new trial or motions filed solely to adjust the amount of child support in a final order.
[Added; effective June 10, 2022.]
5.300 Attorneys, parties, children, and parents
(a) An unrepresented party making an appearance or filing any pleading or paper must provide that party’s address, email address, and telephone number, if any.
(b) A corporation or other entity may not appear in proper person.
(c) Only an attorney currently admitted to practice law in Nevada may represent a party. An attorney who has appeared for any party must represent that party in the case and shall be recognized by the court and by all parties as having control of the case.
(d) Unless otherwise allowed by the court, an attorney who is not currently admitted to practice law in Nevada may make a court appearance for a party only if accompanied by an associated Nevada attorney. All pleadings and papers submitted by an attorney not currently admitted to practice in Nevada must be signed by Nevada counsel. Nevada counsel shall be responsible for all written and oral submissions by an associated attorney not currently admitted to practice law in Nevada.
(e) A represented party may not appear unrepresented or personally file any pleading or paper without the consent of the court. The court in its discretion may hear a party in open court although the party is represented by counsel.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.302. Substitution or withdrawal of attorney.
(a) Substituting a new attorney for a withdrawing attorney requires the written consent of both attorneys and the party, which must be filed with the court and served upon all parties.
(b) An attorney who seeks to withdraw from representing a client without substituting a new attorney in the case may only do so by order of the court if proceedings remain pending in the case.
(c) If no proceedings remain pending in the case, an attorney may withdraw by filing a notice of withdrawal.
(d) Every notice of withdrawal, motion to withdraw, and order granting withdrawal shall include the represented party’s last known address, email address, and telephone number, if any, and must be served upon all parties.
(e) Any substitution or motion for withdrawal of counsel that would result in a delay of a hearing or trial is disfavored.
(f) All attorneys withdrawing from a case shall remove their contact information from the service list for that case in the court’s electronic filing system. Should an attorney fail to do so, the court clerk’s office shall remove the contact information of the withdrawn attorney upon request by a party or the court.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.303. Attorney in limited services (“unbundled services”) contract.
(a) An attorney who contracts with a client to limit the scope of representation shall:
(1) State the specific limitation of representation in the first paragraph of each paper or pleading filed on behalf of that client; and
(2) Notify the court of the specific limitation of representation at the beginning of each hearing in which the attorney appears for that client.
(b) Failure to provide the specific limitation of representation shall constitute a general appearance by counsel.
(c) Unless otherwise ordered by the court, to withdraw from representation of a client in limited services, an attorney shall:
(1) Complete all services required by the court before filing a notice of withdrawal;
(2) File a notice of withdrawal specifying the limited services that were completed; and
(3) Specify, in the withdrawal, at what point in time or proceeding the opposing party may directly contact the party represented by the withdrawing attorney.
(d) Any notice of withdrawal that is filed without compliance with this rule shall be ineffective for any purpose.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.304. Minor children; exposure to court proceedings. All lawyers and litigants possessing knowledge of matters being heard by the family division are prohibited from:
(a) Discussing issues, proceedings, pleadings, or papers on file with the court with any minor child;
(b) Allowing any minor child to review any such proceedings, pleadings, or papers or the record of the proceedings before the court, whether in the form of transcripts, audio or video recordings, or otherwise;
(c) Leaving such materials in a place where it is likely or foreseeable that any minor child will access those materials; or
(d) Knowingly permitting any other person to do any of the things enumerated in this rule, without the written consent of the parties or the permission of the court.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.305. Seminar for separating parents.
(a) A court may require the parties to a child custody proceeding to complete a seminar for separating parents during any proceedings involving custody of a child.
(b) The seminar must:
(1) Educate parents about inter-parental conflict, including its effects on children;
(2) Educate parents about cooperative co-parenting, including the importance of not undermining one another or putting children in the middle of conflicts;
(3) Educate parents about the importance of both parents spending quality time with the children in order to develop meaningful relationships;
(4) Provide information on child development;
(5) Provide an interactive presentation;
(6) Provide information on alternative dispute resolution;
(7) Offer the seminar in multiple languages;
(8) Provide each participant with written material that supports the seminar curriculum; and
(9) Provide relevant community resource information.
(c) The seminar shall be completed and a certificate of completion shall be filed within 45 days of the court order directing completion of the seminar.
(d) Noncompliance by a parent shall not delay the final hearing or order. The court may take appropriate action to compel compliance with this rule.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.306. Mandatory mediation program.
(a) Generally, pursuant to NRS 3.475, except as otherwise ordered, all parties to a contested child custody proceeding must attend mediation through the Family Mediation Center (FMC) or through a private mediator before the disposition of the custody matter.
(b) Provisions applicable to all mediations.
(1) The court may refer the parties to mediation at any time, at the request of one or both parties or on its own motion.
(2) If a child custody proceeding is pending, the party moving for or requesting custody shall initiate mediation or seek exemption from mediation.
(3) The court may waive mediation in individual cases if there are issues of child abuse or domestic violence involved, if a party lives out of state, or for other good cause shown.
(4) A party may seek exemption from mediation at the case management conference or by motion as early in the case as practicable, asserting a basis for why the case is inappropriate for referral to mediation.
(5) Mediation shall be held in private and, except as otherwise required by other rule, statute, or court order, shall be confidential. Every mediator shall report in writing that the parties successfully mediated a full or partial parenting agreement (providing that agreement to the court), that they reached an impasse, or identify any party who failed to appear or refused to participate.
(6) Counsel of record may attend mediation sessions with their clients unless otherwise ordered.
(7) At the request of a mediating party or that party’s counsel of record, any agreement produced by the mediator shall be provided to that counsel.
(8) No mediator shall conduct an evaluation of the parties after mediation or as part of the mediation process. No mediator shall provide recommendations as part of the mediation process.
(c) Provisions applicable to mediations at FMC.
(1) Any outstanding fees to FMC must be paid in full before further FMC services are initiated. Parties meeting minimum income requirements shall receive a fee waiver for mediation services upon verification of benefits. Fees for FMC mediation may be assessed to parties based upon a sliding fee scale.
(2) FMC shall establish procedures to assure cases that are inappropriate for mediation or that may require special protocols for the protection of parties are screened prior to any contact between the parties in the mediation process.
(3) Except as otherwise ordered in an order for mediation, mediation at FMC shall not address or include in any agreement terms for child support, spousal support, fees and allowances, exclusive possession of a residence, or any matter involving money to be paid by a party.
[Added; effective June 10, 2022.]
5.400 Discovery, case management conferences (CMC) and early case evaluations (ECE), experts, and reports
Rule 5.401. Discovery documents; Bates stamps.
(a) Every document produced in discovery should be identified with a unique identifier, signifying the party that produced it and its sequential order of production (e.g., “Plaintiff 0123,” or for party John Smith, “JS0123”). Every party using that document in that case should continue to use the identifier given to it upon production.
(b) Unique identifying numbers should normally be printed at the lower right corner of the document, unless that is not practicable, in which case it can be printed elsewhere on the document.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.402. Discovery disputes, conferences, motions, stays.
(a) Unless otherwise ordered, all discovery disputes (except disputes presented at a pretrial conference or at trial) must be heard first by the discovery commissioner.
(b) Upon reasonable notice, the discovery commissioner may direct the parties to appear for a conference with the discovery commissioner concerning any discovery dispute. Unless otherwise directed, points and authorities need not be filed prior to a conference noticed by the discovery commissioner. Counsel may not stipulate to vacate or continue a conference without the discovery commissioner’s consent.
(c) The discovery commissioner may shorten or extend any of the deadlines for the filing of any discovery motion.
(d) A discovery motion must set forth by separate affidavit of moving counsel that after a discovery dispute conference or a good faith effort to confer, the parties were unable to resolve the matter satisfactorily, detailing with specificity what attempts to resolve the dispute were made, what was resolved and what was not resolved, and the reasons therefor. A conference requires a personal, telephonic, or videoconference between or among the parties; if such conference was not possible, the motion shall set forth the reasons why the conference was not held. The movant must sufficiently detail in an affidavit the essential facts to enable the discovery commissioner to pass preliminary judgment on the adequacy and sincerity of the good faith discussion between the parties. It must include the name of the parties who conferred or attempted to confer and the manner in which they communicated. The affidavit must demonstrate that counsel discussed their disputed issues with the same level of detail and legal support as is contained in their briefing before the court.
(e) If the responding party failed to answer discovery, the motion shall set forth what good faith attempts were made to obtain compliance. If, after request, the responding party fails to participate in good faith in the conference or to answer the discovery, the court may require such party to pay to any other party the reasonable expenses, including attorney fees, caused by the failure.
(f) The discovery commissioner may stay any disputed discovery proceeding pending resolution by the court.
(g) Responding to discovery requests. Answers to interrogatories must set forth each question in full before each answer. Each objection to an interrogatory, a request for admission, or a demand for production of documents and each application for a protective order must include a verbatim statement of the interrogatory, question, request, or demand, together with the basis for the objection. A request or motion to compel further answer to any written discovery must set forth in full the interrogatory or request and the answer or answers thereto.
(h) Following the hearing of any discovery motion, or other contested matter heard by or submitted to a discovery commissioner, the discovery commissioner must prepare a report with recommendations for a resolution of each unresolved dispute.
(1) The discovery commissioner may direct counsel to prepare the report.
(2) The discovery commissioner must file the report with the court and serve a copy of it on each party.
(3) Upon receipt of a discovery commissioner’s report, any objections, and any response, the court may:
(A) Affirm and adopt, reverse, or modify the discovery commissioner’s ruling without a hearing;
(B) Set the matter for a hearing; or
(C) Remand the matter to the discovery commissioner for reconsideration or further action.
(i) Papers or other materials submitted for the discovery commissioner’s in camera inspection must be accompanied by a captioned cover sheet that indicates it is being submitted in camera. All in camera submissions must also contain an index of the specific items submitted. A copy of the index must be furnished to all other parties. The party submitting the materials in camera must provide one Bates stamped copy of the materials without redactions and one identically Bates stamped set of materials with proposed redactions.
[Added; effective January 27, 2017; amended; effective June 25, 2024.]
Rule 5.403. Pre-CMC/ECE filings and procedure. Within 14 days after each case conference, but not later than 7 days before a scheduled case management conference, the parties must file a joint early case conference report, or if the parties are unable to agree upon the contents of a joint report, each party must serve and file an individual early case conference report, any of which must contain:
(a) A statement of jurisdiction;
(b) A brief description of the nature of the action and each claim for relief or defense;
(c) If custody is at issue in the case, a proposed custodial timeshare and a proposed holiday, special day, and vacation schedule;
(d) A list of all documents provided at or as a result of the case conference, together with any objection that the document is not authentic or genuine. The failure to state an objection to the authenticity or genuineness of a document constitutes a waiver of such objection at a subsequent hearing or trial. For good cause, the court may permit the withdrawal of a waiver and the assertion of an objection;
(e) A list of all documents not provided under the applicable NRCP, together with the explanation as to why each document was not provided;
(f) For each issue in the case, a statement of what information and/or documents are needed, along with a proposed plan and schedule of any additional discovery;
(g) A list of the property (including pets, vehicles, real estate, retirement accounts, pensions, etc.) the litigant seeks to be awarded in the action;
(h) The list of witnesses exchanged in accordance with the applicable NRCP;
(i) Identification of each specific issue preventing immediate global resolution of the case along with a description of what action is necessary to resolve each issue identified;
(j) A litigation budget; and
(k) Proposed trial dates.
[Added; effective June 10, 2022.]
Rule 5.404. CMC/ECE proceedings.
(a) At the case management conference, the court, counsel, and the parties must:
(1) Confer and consider the nature and basis of the claims and defenses, the possibilities for a prompt settlement or resolution of the case, and whether orders should be entered setting the case for settlement conference and/or for trial;
(2) Make or arrange for the disclosures required and to develop a discovery plan, which may include limitations on discovery or changes in the timing of discovery requirements otherwise required; and
(3) Recite stipulated terms on the record under local rules.
(b) The court should also:
(1) Enter interim orders sufficient to keep the peace and allow the case to progress;
(2) For matters that are claimed to be in contest, give direction as to which party will have which burden of proof;
(3) Discuss the litigation budget and its funding; and
(4) Enter a scheduling order.
(c) The court may also address, and if possible resolve, the following, if relevant:
(1) Whether there are any issues as to grounds or jurisdiction;
(2) Custody and visitation relating to any minor child, including any anticipated testimony of a minor child;
(3) Support of any minor child;
(4) Temporary possession and control of property, including residences and vehicles;
(5) Allocation of responsibility for payment of debts;
(6) Payment of temporary spousal support or maintenance;
(7) Any procedural issues present in the action; and
(8) Whether any or all issues in the case can be immediately settled, resolved, and removed from the field of litigation.
[Added; effective June 10, 2022.]
Rule 5.405. Child interview, outsource evaluation, and court appointed special advocate (CASA) reports.
(a) A written child interview report or outsource evaluation report (including exhibits), prepared by the Family Mediation Center, an outsource evaluator, or a CASA shall be delivered to the judge in chambers. Only the parties, their attorneys, and such staff and experts as those attorneys deem necessary are entitled to read or have copies of the written reports, which are confidential except as provided by rule, statute, or court order. Statements of a child to a CASA may not be viewed without an order of the court.
(b) No copy of a written report, or any part thereof, may be made an exhibit to, or a part of, the open court file except by court order. A written report may be received as evidence of the facts contained therein that are within the personal knowledge of the person who prepared the report.
(c) Every such report shall include on its first page a prominent notice in substantially the following form:
DO NOT COPY OR RELEASE THIS REPORT TO ANYONE, INCLUDING ALL PARTIES TO THE ACTION. NEVER DISCLOSE TO OR DISCUSS THE CONTENTS OF THIS REPORT WITH ANY MINOR CHILD.
[Added; effective June 10, 2022.]
Rule 5.406. Expert testimony and reports.
(a) No party to an action pending before the court may cause a child who is subject to the jurisdiction of the court to be examined by a physician, therapist, counselor, psychologist, or similar professional for the purpose of obtaining an expert opinion for trial or hearing except upon court order, upon written stipulation of the parties, or pursuant to the procedure prescribed by the NRCP.
(b) When it appears that an expert medical, psychiatric, or psychological evaluation is necessary for any party or minor child, the parties shall attempt to agree to retention of one expert. Upon request of either party, or on its own initiative, the court may appoint a neutral expert if the parties cannot agree on one expert and make provisions for payment of that expert.
[Added; effective June 10, 2022.]
Rule 5.407. Pick up of reports, tests, etc.
(a) An agent of an attorney shall be entitled to pick up lab tests, evaluations, and other documents that the attorney is entitled to pick up, upon presentation of a signed authorization to pick up papers on the attorney’s behalf. Such an authorization shall provide in substantially the following form:
Please allow my agent, ________________________, to pick up documents, records, or other papers being held for me by the court. I understand that I have the same responsibility for the items picked up as if I did so personally.
/ss/, __________________________________
[Name of authorizing counsel and bar number]
(b) Unless otherwise ordered, no party may personally pick up lab tests, evaluations, or other documents that are not to be copied or disseminated. Parties in proper person are entitled to read such documents in the courtroom or chambers or at such other place designated by the court.
[Added; effective June 10, 2022.]
5.500 Motion practice
Rule 5.501. Requirement to attempt resolution.
(a) Except for motions served with the initial pleading in a case or as otherwise provided herein or by other rule, statute, or court order, before any family division matter motion is filed, the movant must attempt to resolve the issues in dispute with the other party.
(b) A party filing a motion in which no attempt was made to resolve the issues in dispute with the other party shall include a statement within the motion of what provision, futility, or impracticability prevented an attempt at resolution in advance of filing.
(c) Failure to comply with this rule may result in imposition of sanctions if the court concludes that one or more of the issues would have been resolved if an attempt at resolution had been made before filing.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.502. Motion, opposition, countermotion, and reply submission and setting.
(a) Except as otherwise provided by other rule, statute, or court order, all motions must contain the following notice on the first page directly below the case caption:
NOTICE: YOU MAY FILE A WRITTEN RESPONSE TO THIS MOTION WITH THE CLERK OF THE COURT AND PROVIDE THE UNDERSIGNED WITH A COPY OF YOUR RESPONSE WITHIN 14 DAYS OF YOUR RECEIPT OF THIS MOTION. FAILURE TO FILE A WRITTEN RESPONSE WITH THE CLERK OF THE COURT WITHIN 14 DAYS OF YOUR RECEIPT OF THIS MOTION MAY RESULT IN THE REQUESTED RELIEF BEING GRANTED BY THE COURT WITHOUT A HEARING PRIOR TO THE SCHEDULED HEARING DATE.
(b) All motions must be set on a day when the judge to whom the case is assigned is hearing civil domestic motions and not less than 35 days from the date the motion is filed.
(c) Within 14 days after service of the motion, the opposing party may file and serve a written opposition, with or without a countermotion, together with a memorandum of points and authorities and supporting affidavits, if any, addressing the subject matter of the motion.
(d) A timely countermotion will be heard and decided at the same time set for the hearing of the original motion and no separate notice of motion is required.
(e) Request for submission.
(1) If no opposition to a motion is filed within 14 days of service, the movant may file and contemporaneously serve a request for submission.
(2) A request for submission must be accompanied by a proposed order.
(3) If the nonmovant does not file an opposition to the motion within 3 days of service of the request for submission (or 7 days if the request for submission was served by mail), the court may grant all or any part of the motion without a hearing.
(f) The party filing the initial motion may file a reply memorandum of points and authorities not later than 7 days after service of the opposition. Absent leave or direction of the court, no reply to an opposition to a countermotion shall be filed.
(g) If all the family division judges in this district are disqualified from hearing a case, a notice of motion must state: “Please take notice that the undersigned will bring the above motion for hearing before a visiting or senior judge at such time as shall be prescribed by the court administrator.”
(h) The first page of each motion, opposition (whether or not the opposition includes a countermotion), or reply shall include an option for the submitting party to request an oral argument hearing and, if desired, an option for requesting that the court schedule an in-person hearing. If the motion, opposition, and/or reply did not request an oral argument hearing, the clerk shall set the matter on the court’s chamber calendar; if one or more of those submissions requested an oral argument hearing, the clerk shall set the matter on the court’s hearing calendar.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.503. Motion, opposition, countermotion, and reply content.
(a) Every motion, opposition, countermotion, and reply shall include points and authorities supporting each position asserted and an affidavit supporting all factual averments. Points and authorities lacking citation to relevant authority, or consisting of bare citations to statutes, rules, or case authority, do not comply with this rule. The absence or deficiency of points and authorities may be construed as an admission that the filing is not meritorious, or as cause for denial of all positions not supported.
(b) Failure of an opposing party to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent that it be granted.
(c) An opposition that contains a motion related to the same subject matter will be considered as a countermotion.
(d) Citations to decisions of the Supreme Court or Court of Appeals of the State of Nevada shall include the citation to Nevada Reports and to West’s Pacific Reporter and the year of the decision. Whenever a decision of an appellate court of any other state is cited, the citation to West’s Regional Reporter System shall be given together with the state and the year of decision. When a decision of the Supreme Court of the United States is cited, at least one parallel citation and year of decision shall be given. When a decision of a court of appeals or of a district court or other court of the United States has been reported in the Federal Reporter System, that citation, court, and year of decision shall be given.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.504. Motion, opposition, countermotion, and reply format. Filings submitted in hard copy shall comply with these specifics. Filings submitted electronically shall comply with these specifics to the degree relevant to electronic documents. Filings furnished by the clerk, the district attorney, the public defender, or a self-help center established by the court must only comply with these specifics as directed by the presiding judge.
(a) Paper size, line spacing, margins, and page numbers.
(1) Paper filings should be on 8.5 x 11-inch white paper. All filings should be prepared by a process sufficient to be printed, copied, or scanned. Only one side of the paper may be used.
(2) All or part of a filing may be legibly handwritten at the discretion of the court. No original filing may be amended by making erasures or interlineations on a document, or by attaching slips to it, except by leave of court.
(3) Pages should be numbered consecutively at the bottom. Lines of pages should be numbered in the left margin, which shall measure one inch in width.
(4) The lines on each page should be double spaced, except that descriptions of real property or other reference and citation material may be single spaced. All quotations of more than 50 words should be indented and single spaced.
(b) Identification of filer, court, parties, and filing.
(1) At the upper left corner of the first page of every filing, single spaced, starting on line one, the filer shall list the document code (available from the clerk’s office); the name (and if applicable, Nevada State Bar identification number) and address of the filer; the telephone number and email address of the filer and of any associated attorney appearing for the filer, or that there are no such numbers for the filer; and whether the filer is or represents the plaintiff, defendant, or other party.
(2) Centered, below the identifying information specified above, the filing shall recite:
DISTRICT COURT
FAMILY DIVISION
CLARK COUNTY, NEVADA
(3) Below the title of the court, to the left of center, the filing shall recite the name of the action or proceeding, e.g., JOHN DOE, Plaintiff, vs. RICHARD ROE, Defendant.
(4) Below the title of the court, to the right of center, the filing shall recite the case number, the department number or letter, and if known the date and time of the proceeding to which the filing relates.
(5) Centered, below the other information detailed above, the filing shall recite the title of the filing, sufficient in description to apprise the court and opposing party of the nature of the document filed, or the relief sought, e.g., Plaintiff’s Motion to Compel Answers to Interrogatories; Defendant’s Motion for Summary Judgment against Plaintiff John Doe; Order Granting Plaintiff Doe’s Motion for Summary Judgment against Defendant Roe.
(c) Typeface. Either a proportionally spaced or a monospaced typeface may be used.
(1) A proportionally spaced typeface (e.g., Century Schoolbook, CG Times, Times New Roman, and New Century) should be 14 points or larger. Footnotes should be 12 points or larger.
(2) A monospaced typeface (e.g., Courier and Pica) may not contain more than 10.5 characters per inch (e.g., 12 point Courier). Footnotes should be 12 points or larger.
(3) Unrepresented litigants may use elite type, 12 characters per inch, if they lack access to a device producing larger characters. Footnotes should be 12 points or larger.
(d) Type styles. A brief should be set in a plain, roman style, although underlining, italics, or boldface may be used for emphasis. Case names should be italicized or underlined.
(e) Length.
(1) Page limitation. Unless permission of the court is obtained, a motion, opposition, or reply shall not exceed 30 pages.
(2) Type volume limitation. A motion, opposition, or reply is acceptable if it contains no more than 14,000 words, or if it uses a monospaced typeface and contains no more than 1,300 lines of text.
(3) Computing page and type volume limitation. Any table of contents, table of authorities, notice of motion, certificate of service, affidavit, and any exhibits do not count toward a filing’s page or type volume limitation. The page or type volume limitation applies to all other portions of a filing beginning with the statement of facts, including headings, footnotes, and quotations. Pages in a filing preceding the statement of facts should be numbered in lowercase Roman numerals, and pages in the brief beginning with the statement of facts should be numbered in Arabic numerals.
(4) A request to exceed page limit or type volume limitation is disfavored but may be requested within a filing or in a separate filing for that purpose on or before the filing’s due date and shall state the reasons for the request and the number of additional pages, words, or lines of text requested. It is the responsibility of the submitting party to conform to the formatting rules.
[Added; effective January 27, 2017; amended; effective January 1, 2020.]
Rule 5.505. Affidavits relating to motions. Unless otherwise required by another rule, statute, or court order, affidavits relating to motions, oppositions, countermotions, replies, or other papers may incorporate all factual averments by reference in substantially the following form:
I have read the foregoing _____________________, and the factual averments it contains are true and correct to the best of my knowledge, except as to those matters based on information and belief, and as to those matters, I believe them to be true. Those factual averments contained in the referenced filing are incorporated here as if set forth in full.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.506. Exhibits to motions and other filings.
(a) Unless otherwise required by another rule, statute, or court order, this rule applies to exhibits filed in support of a motion or other paper, which shall be filed contemporaneously with the filing to which they relate.
(b) To be admissible at trial or in an evidentiary proceeding, all papers filed as exhibits shall be produced in discovery and Bates-stamped or otherwise identified by page number at the bottom right corner.
(c) Exhibits must be preceded by a sheet with the identification “Exhibit ___.”
(d) Collective exhibits to a filing must be filed as a separate appendix, including a table of contents identifying each exhibit.
(e) Oversized exhibits that cannot be reduced to 8.5 × 11 inches without destroying legibility, and any other exhibits that cannot be e-filed and are filed and served conventionally, must be identified in the exhibit list or table of contents, noting that they have been separately filed and served.
(f) Unless otherwise required by another rule or statute, the following should not be made exhibits:
(1) Documents of record in a Clark County family division matter;
(2) Cases;
(3) Statutes;
(4) Other legal authority; or
(5) Confidential court documents or other documents as to which there is any prohibition or restriction on copying or dissemination.
(g) Exhibits may be deemed offers of proof but shall not be considered substantive evidence until admitted.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.507. Financial disclosure required for motions involving money. Unless otherwise ordered by the court, or otherwise required by another rule or statute:
(a) A General Financial Disclosure Form (GFDF) must be filed in support of any motion or countermotion that includes a request to establish or modify child support, spousal support, fees and allowances, exclusive possession of a residence, or any matter involving money to be paid by a party.
(b) A GFDF must be filed in support of any opposition to a motion or countermotion described in section (a).
(c) All financial disclosures must be filed on the form(s) specified by the NRCP.
(d) A financial disclosure must be filed within 3 days of the filing of the motion, countermotion, or opposition it supports, and may only be filed in open court with leave of the judge upon a showing of excusable delay.
(e) Every GFDF filing shall include copies of the filing party’s 3 most recent paycheck stubs (or equivalent).
(f) An assertion within a motion, opposition, or countermotion that there has been no material change in a financial disclosure filed within the preceding 6 months satisfies this rule.
(g) The court may construe any motion, opposition, or countermotion not supported by a timely, complete, and accurate financial disclosure as admitting that the positions asserted are not meritorious and cause for entry of orders adverse to those positions, and as a basis for imposing sanctions.
(h) In paternity matters, or postjudgment family division matters, only the case information, household, and income and expense sections of the GFDF need be completed. For good cause shown, the court may require a party to complete the remaining portions of the GFDF.
(i) For good cause shown, the court may require a party to file a Detailed Financial Disclosure Form (DFDF).
[Added; effective January 27, 2017; amended; effective January 1, 2020.]
Rule 5.508. Schedule of arrearages required for motions seeking arrearages in periodic payments. A motion alleging the existence of arrears in payment of periodic child support, spousal support, or other periodic payment shall be accompanied by a separately filed schedule showing the date and amount of each payment due, and the date and amount of any payments received. The schedule may include a calculation of interest, any applicable penalties, and an explanation of how those sums were calculated, following a declaration in substantially the following form:
Under penalty of perjury, pursuant to the best information known and available to me, the following schedule accurately sets out the dates and amounts of periodic payments due pursuant to a lawful court order, the dates and amounts of all payments received, and the principal, interest, and penalties due.
I declare under penalty of perjury, under the laws of the State of Nevada and the United States (NRS 53.045 and 28 U.S.C. § 1746), that the foregoing is true and correct.
EXECUTED this ____ day of ___________________, 20___.
____________________________________
[Name of party or attorney filing the schedule]
[Added; effective January 27, 2017; amended; effective January 1, 2020.]
Rule 5.509. Motions and procedure for orders to show cause.
(a) A motion seeking an Order to Show Cause (OSC) for contempt must be accompanied by a detailed affidavit complying with NRS 22.030(2) that identifies the specific provisions, pages and lines of the existing order(s) alleged to have been violated, the acts or omissions constituting the alleged violation, any harm suffered or anticipated, and the need for a contempt ruling, which should be filed and served as any other motion.
(b) The party seeking the OSC shall submit an ex parte application for issuance of the OSC to the court, accompanied by a copy of the filed motion for OSC and a copy of the proposed OSC.
(c) Upon review of the motion and application, the court may:
(1) Deny the motion and vacate the hearing;
(2) Issue the requested OSC, to be heard at the motion hearing;
(3) Reset the motion hearing to an earlier or later time; or
(4) Leave the hearing on calendar without issuing the OSC so as to address issues raised in the motion at that time, either resolving them or issuing the OSC at the hearing.
(d) If an OSC is issued in advance of the first hearing, the moving party shall serve it and the application for OSC on the accused contemnor.
(e) At the first hearing after issuance of an OSC, the accused contemnor may be held in contempt, or not, or the court may continue the hearing with directions on the issue. At the first or any subsequent hearing after issuance of an OSC, if the accused contemnor does not appear, a bench warrant may be issued to secure attendance at a future hearing, or other relief may be ordered.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.510. Motions in limine.
(a) Except as otherwise provided herein or by court order, a motion in limine to exclude or admit evidence must ordinarily be in writing and must be heard not less than 7 days prior to trial.
(b) Where the facts that would support a motion in limine arise or become known after it is practicable to file a motion in the ordinary course as set forth above, the filing party may seek an order shortening time to hear the motion as provided by these rules, or bring an oral motion in limine at a hearing.
(c) A written motion in limine must be supported by affidavit and, if not filed in the ordinary course, must detail how and when the facts arose or became known. The motion shall also certify that after a conference or a good faith effort to confer, counsel were unable to resolve the matter satisfactorily, detailing what attempts to resolve the dispute were made, what was resolved and what was not resolved, and why. A conference requires a personal, telephonic, video, or email conference between or among the parties. If a conference was not possible, the motion shall set forth the reasons.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.511. Requirement to serve at actual known address.
(a) When a party seeking relief from the court has actual knowledge that the personal information of a nonmoving party on file with the court is not correct, then the moving party shall serve the nonmoving party at the known address and email address of the nonmoving party in addition to the address on file with the court. All service made should be noted in the certificate of service.
(b) The failure of a moving party to attempt to provide actual notice to a nonmoving party is grounds for setting aside a court order obtained in proceedings in which the nonmoving party did not participate.
[Added; effective June 10, 2022.]
Rule 5.512. Supplements relating to motions.
(a) Supplements to motions, oppositions, countermotions, or replies must be filed at least 1 day prior to the hearing.
(b) A supplement must pertain to the subject matter of an existing filing, provide information that could not reasonably have been supplied in the earlier filing, and reference the subject matter and filing to which it relates.
(c) Upon the request of any party or for good cause shown, the filing of a supplement may be found by the court as grounds for any or all of:
(1) Continuance of a hearing, with or without issuance of temporary orders;
(2) An award of fees in favor of a party not filing the supplement; or
(3) An order striking the supplement and direction that the subject matter of the filing be addressed in a separate motion.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.513. Extensions of time relating to motions.
(a) Immediately below the title of any motion or stipulation for extension of time to file any opposition or reply, there shall also be included a statement indicating whether it is the first, second, third, etc., requested extension.
(b) The parties may by agreement extend the time within which an opposition or reply must be filed, so long as any scheduled hearing is unaffected, or is continued if it would be affected; notice is contemporaneously provided to the court; and all filings relating to the hearing are filed at least 7 days before the scheduled hearing. Compliance with these conditions shall be considered compliance with the requirements of NRCP 6(b).
(c) A party may file a motion for an extension of time to file an opposition or reply. Such a motion must explain why it could not be obtained by stipulation and be supported by affidavit.
(d) Except as otherwise provided by other rule, statute, or court order, an ex parte motion to extend the time for filing an opposition or reply will not ordinarily be granted. An order granting such a motion may extend the time for filing the subject opposition or reply, or may suspend the due date of that opposition or reply for such period as is required to enable the moving party to apply for a further extension by stipulation or by noticed motion, and may shorten the time until the hearing of such a noticed motion.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.514. Courtesy copies. Unless otherwise directed by the court, any filings that are electronically filed which include documents that do not scan reliably (e.g., photographs) should be courtesy copied to the court in advance of the hearing.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.515. Proposed orders. Parties may supply proposed orders to the court and opposing party at least 7 days prior to the hearing. Proposed orders may include such findings, conclusions, and orders as the submitting party believes relevant to each point in dispute in the proceedings. Unless otherwise directed by the court, a party may supply an editable electronic copy of a proposed order to the court’s law clerk concurrently with the submission of the proposed order. The presiding judge shall direct what format is acceptable for such editable submissions or make other administrative directions relating to proposed orders.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.516. Reconsideration and/or rehearing of motions.
(a) A party seeking reconsideration and/or rehearing of a ruling (other than an order that may be addressed by motion pursuant to NRCP 50(b), 52(b), 59, or 60), must file a motion for such relief not later than 14 days after service of notice of entry of the order unless the time is shortened or enlarged by order. A motion for reconsideration does not toll the period for filing a notice of appeal.
(b) If a motion for reconsideration and/or rehearing is granted, the court may make a final disposition without hearing, may set it for hearing or resubmission, or may make such other orders as are deemed appropriate under the circumstances.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
5.600 Stipulations, conferences, and hearings
Rule 5.601. Stipulations in family law proceedings.
(a) A stipulation must include the material terms of the subject matter addressed.
(b) A stipulation may be placed on the record in court.
(c) An out-of-court stipulation must be reduced to writing and subscribed by the party against whom the agreement is being enforced, or memorialized in a form providing clear and convincing evidence of the party’s assent. Such a stipulation may provide that it is effective between the parties immediately.
(d) A stipulation adopted by the court shall be binding on the parties immediately, and shall become an enforceable order once written, signed by the court, and filed.
(e) A court-adopted stipulation concerning child custody shall be construed as including findings that it is the best interest of the child and is not unconscionable, illegal, or in violation of public policy. Unless otherwise ordered, it shall be construed as a waiver of any additional detailed findings and shall be enforceable without additional specific best interest findings.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.602. Settlement conferences.
(a) At the request of any party or on its own motion, the court may order the parties to participate in a settlement conference.
(b) Unless otherwise ordered, at least 7 days before any scheduled settlement conference, each party must submit to the settlement judge a confidential settlement conference brief that is no more than 10 pages in length and addresses the relevant facts of the case, the issues remaining unresolved and their proposed resolution, any scheduled hearings and trial dates, the dates and amounts of any demands and offers and their expiration date(s), any unusual legal issues, and any other information useful to a settlement of the matter.
(c) The confidential settlement briefs are not to be made part of the regular or confidential court file or otherwise provided to the court hearing the matter, directly or indirectly.
(d) If settlement is reached, the memorialization of settled terms shall be promptly reduced to writing and signed, or by consent placed on the record and entered in the minutes in the form of an order.
(e) To the degree practicable, these provisions are to be utilized by district court judges, senior settlement judges, settlement masters, or other persons performing the function of facilitating mediation and settlement.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.603. Resolution of parent-child issues before trial of other issues. Unless otherwise directed by the court, all contested child custody proceedings must be submitted to the court for resolution prior to trial of, or entry of an order resolving, the remaining issues in an action.
[Added; effective June 10, 2022.]
Rule 5.604. Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum.
(a) Prior to or at any calendar call, or at least 7 days before trial or any evidentiary hearing if there is no calendar call, the designated trial attorneys for all parties shall meet to arrive at stipulations and agreements, for the purpose of simplifying the issues to be tried, and exchange final lists of exhibits and the names and addresses of all witnesses (including experts) to be actually called or used at trial. No new exhibits or witnesses are to be added, although previously disclosed witnesses or exhibits may be eliminated, unless otherwise ordered.
(b) Except as otherwise ordered, each party must prepare a pretrial memorandum that must be filed and served on all other parties not less than 7 days before the calendar call or 14 days before the hearing if there is no calendar call. Unless otherwise ordered, the pretrial memorandum must concisely state:
(1) A brief statement of the facts of the case, including:
(A) The names and ages of the parties;
(B) The date of the marriage;
(C) Whether any issues have been resolved and the details of the resolution; and
(D) The names, birth dates, and ages of any children.
(2) If child custody is unresolved, proposed provisions for custody and visitation;
(3) If child support is unresolved, the amount of support requested and the factors that the court should consider in awarding support;
(4) If spousal support is unresolved, the form, amount, and duration requested and the factors that the court should consider in awarding support;
(5) A brief statement of contested legal and factual issues regarding the distribution of property and debts;
(6) If a request is being made for attorney fees and costs, the amount of the fees and costs incurred to date;
(7) Any proposed amendments to the pleadings;
(8) A list of all exhibits, including exhibits that may be used for impeachment, and a specification of any objections each party may have to the admissibility of the exhibits of an opposing party;
(9) A list of the names and addresses of all witnesses (including experts), other than a resident witness, that each party intends to call. Failure to list a witness, including impeachment witnesses, may result in the court precluding the party from calling that witness;
(10) If any requests involving money are at issue, a financial disclosure in accordance with these rules;
(11) A list of substantial property, all secured and unsecured indebtedness, and the proposed disposition of assets and liabilities in a format substantially complying with court rules or any asset and debt schedule forms provided by the court; and
(12) Any other matter that counsel desires to bring to the attention of the court at calendar call.
[Added; effective June 10, 2022.]
Rule 5.605. Pretrial conferences and calendar call.
(a) At the request of the court or a party, the court may conduct one or more pretrial conferences or a calendar call, or both.
(b) The court may resolve, or schedule a conference to resolve, any evidentiary, procedural, scheduling, or other matters for the trial, including prospects of settlement, potential alternate methods of dispute resolution, readiness for trial, the exhibits to be submitted, the witnesses (including experts) to be actually called, or any other matters.
(c) Unless otherwise directed by the court, each party must provide to the court and any opposing party by the time of calendar call:
(1) All proposed exhibits, marked for identification; and
(2) A typed exhibit list, identifying all stipulated exhibits.
(d) Failure to attend a pretrial conference or calendar call or to provide the required materials may result in imposition of sanctions.
[Added; effective June 10, 2022.]
Rule 5.606. Orders shortening time for a hearing.
(a) Unless prohibited by other rule, statute, or court order, a party may seek an order shortening time for a hearing.
(b) An ex parte motion to shorten time must explain the need to shorten the time. Such a motion must be supported by affidavit.
(c) Absent exigent circumstances, an order shortening time will not be granted until after service of the underlying motion on the nonmoving parties. Any motion for order shortening time filed before service of the underlying motion must provide a satisfactory explanation why it is necessary to do so.
(d) Unless otherwise ordered by the court, an order shortening time must be served on all parties upon issuance and at least 1 day before the hearing. An order that shortens the notice of a hearing to less than 14 days may not be served by mail.
(e) If the time for a hearing is shortened to a date before the due date of an opposition, the opposing party may orally oppose the motion at the hearing. In its discretion, the court may order a written opposition to be filed after the hearing.
(f) Should the court shorten the time for the hearing of a motion, the court may direct that the subject matter of any countermotion be addressed at the shortened time, at the original hearing time, or at some other time.
[Added; effective June 10, 2022.]
Rule 5.607. Stipulations and motions to continue or vacate a hearing.
(a) Generally.
(1) Hearings may not be removed from the calendar by calling the clerk’s office or the judge’s chambers.
(2) An unfiled written stipulation and order to continue a hearing signed by both parties may be submitted to chambers prior to the time of hearing by hand delivery, facsimile, or email. The court may remove the hearing from the calendar or require the parties to appear and put the stipulation on the record. If the hearing is removed from the calendar, the court will set a new hearing upon receipt of the original stipulation and order.
(3) Immediately below the title of any motion or stipulation to continue a hearing there shall also be included a statement indicating whether it is the first, second, third, etc., requested continuance of a hearing.
(b) The parties may file a stipulation to continue or vacate the hearing of a motion, which the clerk will remove from the calendar. The parties may not stipulate to remove a trial or evidentiary hearing without also obtaining court approval by order.
(c) A party may file an ex parte motion to continue or vacate a hearing, explaining why it could not be obtained by stipulation. Such a motion must be supported by affidavit. The court may:
(1) Grant or deny the motion; or
(2) Require that notice be given to all other parties if it had not already been given and entertain a summary written response to the request or conduct a personal, telephonic, video, or email conference within a time to be specified by the court.
[Added; effective June 10, 2022.]
Rule 5.608. Attendance at hearings.
(a) As provided by rule, statute, or court order, an unrepresented party and counsel for a represented party must appear at the time set for the hearing of any family division matter, personally, or by telephonic or audiovisual equipment.
(b) Even if represented by counsel, a party must attend a hearing if required by rule, statute, or court order, and unless otherwise directed by the court, at case management conferences; contempt hearings directed against that party; returns from mediation; and hearings on custody, child or spousal support, temporary possession of a residence, or protective orders.
[Added; effective June 10, 2022.]
Rule 5.609. In-person and virtual hearings.
(a) Unless otherwise directed by the court, all hearings except for evidentiary hearings, trials, and proceedings to show cause why sanctions should not be imposed shall be conducted by utilizing simultaneous audiovisual or telephonic transmission equipment.
(b) A party filing a motion, opposition, or reply requesting an in-person hearing shall set forth the reasons for the request.
(c) Upon a minimum of 7 days’ notice, the court may schedule or reschedule any hearing as an in-person hearing for good cause.
[Added; effective June 10, 2022.]
5.700 Orders and judgments
Rule 5.701. Summary disposition and uncontested matters.
(a) Unless a hearing is required by statute or by the court, any uncontested, stipulated, or resolved matter may be submitted to the court for consideration without a hearing.
(b) Any child custody proceeding not referencing a written custody and visitation agreement shall require an affidavit by the moving party reciting:
(1) The date the parties separated;
(2) With whom the child has lived during the preceding 6 months;
(3) The contact the child has had with both parents in the past 6 months; and
(4) The proposed custody and visitation schedule for the other party and the child, including specific reasons, if any, why visitation should be denied, restricted, or supervised, with all necessary specifics of whatever contact is requested.
(c) An affidavit to corroborate residency shall state the address of the affiant and how long the affiant has been a resident of this state, how the affiant is acquainted with the party whose residency is being corroborated, the total length of time the affiant knows that the party has resided in this state, that the affiant can verify the affiant’s personal knowledge that the party is a resident of this state, and the basis of the affiant’s personal knowledge.
(d) An uncontested family division matter may be heard on any day and time that the assigned judge is hearing uncontested matters. Unless otherwise ordered, a request that the court hear an uncontested case must be made to the clerk not later than 7 days before the day on which the case is to be heard, and all relevant papers must be filed with the clerk at or before the time the request for the uncontested setting is made. If the judge who was to hear an uncontested case is absent at the time set for that hearing, the case may be heard by any other judge.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.702. Unopposed motions and summary orders.
(a) The court may deny a motion at any time.
(b) The court may grant all or any part of a motion after an opposition has been filed or 21 days after service of the motion if no opposition was filed.
(c) Unless otherwise ordered, an order granting an unopposed motion should be construed as having adopted the factual allegations in the motion as findings.
(d) If an order granting an unopposed motion concerns child custody, it shall be construed as including findings that it is in the best interest of the child and is not unconscionable, illegal, or in violation of public policy without requiring additional specific best interest findings.
(e) The court may issue other written orders relating to motions as it deems appropriate.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.703. Joint preliminary injunctions (JPI).
(a) Upon the request of any party at any time prior to the entry of a decree of divorce or final judgment, a preliminary injunction will be issued by the clerk against the parties to the action enjoining them and their officers, agents, servants, employees, or a person in active concert or participation with them from:
(1) Transferring, encumbering, concealing, selling, or otherwise disposing of any of the joint, common, or community property of the parties or any property that is the subject of a claim of community interest, except in the usual course of conduct or for the necessities of life or for retention of counsel for the case in which the JPI is obtained; or cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of:
(A) Any retirement benefits or pension plan held for the benefit (or election for benefit) of the parties or any minor child; or
(B) Any insurance coverage, including life, health, automobile, and disability coverage;
without the written consent of the parties or the permission of the court.
(2) Molesting, harassing, stalking, disturbing the peace of or committing an assault or battery on the person of the other party, or any child, stepchild, other relative, or family pet of the parties.
(3) Relocating any child of the parties under the jurisdiction of the State of Nevada from the state without the prior written consent of all parties with custodial rights or the permission of the court.
(b) Unless otherwise ordered, the clerk will affix the electronic signature of the presiding judge upon issuance of a JPI on the court’s form JPI and enter it as an order of the court; any alternative language must be approved by the assigned judge.
(c) The JPI is automatically effective against the party requesting it at the time it is issued and effective upon all other parties upon service. Service of the JPI will be construed as satisfying all requirements for notice of entry of the JPI. The JPI shall be treated as a court order and is enforceable by all remedies provided by law, including contempt.
(d) Once issued, the JPI will remain in effect until a decree of divorce or final judgment is entered or until modified or dissolved by the court.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.704. Issuance of decisions.
(a) Once a trial, motion, or other proceeding is completed, the court may request additional information or documentation, draft a dispositional order, or render a decision and designate a party to prepare the necessary documents for the court’s review and signature. In the absence of any specific direction, the moving party (or plaintiff, for final dispositions) should draft the documents.
(b) Parties must provide such orders, provisions, and documents as are necessary to achieve distribution or finalization of all interests at issue in the proceedings or specify on the record when, how, and by whom that distribution or finalization is to be achieved.
(c) The court may issue an order to show cause for failure of a party to prepare and submit the necessary documents as directed within the time allotted by the court. Upon submission, the court may sign the proposed documents, return them to the preparer with instructions for revision, or take such other actions as are necessary to obtain a complete written disposition of the matter.
(d) The court may elect to provide written notice of entry. A party may waive notice of entry, in which case the date of entry of the written order or decree shall be treated as the date of service of notice of entry for all time limits normally calculated from service of notice of entry.
[Added; effective January 27, 2017; amended; effective June 10, 2022.]
Rule 5.705. Default judgments.
(a) Unless the court requests the presentation of oral testimony, an application for a judgment by default must be made upon the personal affidavit of the party seeking default, on personal knowledge, setting forth facts that would be admissible in evidence, showing that the affiant is competent to testify to those matters, and avoiding general conclusions or argument. A deficient affidavit may be stricken, wholly or in part, and the court may decline to consider the application for the default judgment. An affidavit may be accompanied by documentary evidence in support of the judgment sought.
(b) Unless otherwise provided by other rule, statute, or court order or direction, a request for entry of judgment by default, with any supporting affidavits and documentation, shall be placed on the court’s chamber calendar for resolution.
[Amended; effective June 10, 2022.]
Rule 5.706. Countersignatures and direct submission of orders.
(a) Unless otherwise ordered:
(1) The party obtaining an order, judgment, or decree shall have 7 days to prepare it and request the countersignature of the opposing party as to its form and content.
(2) The opposing party shall then have 7 days to countersign or otherwise respond.
(b) Unless otherwise ordered, if unable to obtain the countersignature of the opposing party within 7 days, the drafting party may directly submit the proposed order to the court, copied to the opposing party, accompanied by an explanation of the attempts made to obtain the countersignature in substantially the following form:
(1) Enclosed please find our proposed Order from the __________________ hearing. Despite attempts to prepare a countersigned Order, we were unable to obtain a countersignature.
On [date], we sent our proposed order to the opposing party for review; we received no response. Despite a reminder letter on [date], the opposing party has not responded. We have attached the relevant correspondence.
Having reviewed the court minutes and the hearing recording, we believe the attached proposed Order complies with this court’s orders and so submit it without the signature of the opposing party.
Or:
(2) Enclosed please find our proposed Order from the __________________ hearing. Despite attempts to prepare a countersigned Order, we were unable to reach agreement with the opposing party. We have attached the relevant correspondence.
Having reviewed the court minutes and the hearing recording, we believe the attached proposed Order complies with this court’s orders and so submit it without the signature of the opposing party and have included the time indexes for the court’s convenience.
(c) If the parties are unable to agree on the form and content of a proposed order, and the drafting party directly submits a proposed order, the opposing party may submit a proposed alternative form of order, copied to the drafting party, within 7 days of submission of the first proposed order, accompanied by a brief explanation of the reason for the disagreement and the distinction between the proposed orders in substantially the following form:
The opposing party has submitted a proposed Order from the __________________ hearing. Having reviewed the court minutes and the hearing recording, we believe our attached proposed Order is more accurate than that of the opposing party and have included the time indexes for the court’s convenience.
[Amended; effective June 10, 2022.]
(a) Unless otherwise directed by the court, all orders addressing child custody or child support shall include such notices as prescribed in a list maintained and publicized by the presiding judge.
(b) Unless otherwise directed by the court, all final orders shall include notice of the affirmative duty to update changes in personal information in a form prescribed and publicized by the presiding judge.
[Amended; effective June 10, 2022.]
Rule 5.708. Filing orders. Any order, judgment, or decree that has been signed by a judge must be filed with the clerk of the court promptly. No attorney may withhold or delay the filing of any such order, judgment, or decree for any reason.
[Amended; effective June 10, 2022.]
Rule 5.709. Construction of orders requiring payment of money. Unless otherwise specified, any order calling for the payment of a sum from a party to any other person or entity shall be construed as having been reduced to judgment and made collectible by all lawful means.
[Added; effective August 21, 2000; amended; effective June 10, 2022.]
Rule 5.710. Domestic violence protection orders (TPO and EOP).
(a) Generally.
(1) The statutory evidentiary standard of “to the satisfaction of the court” shall be construed as equivalent to a reasonable cause or probable cause standard by a court considering an application for issuance of a temporary protection order (TPO) or extended order of protection (EOP).
(2) An application requesting a protection order must be based upon an affidavit setting forth specific facts within the affiant’s personal knowledge establishing good cause for the order.
(3) The court may take steps to verify the written information provided by the applicant, including whether a Child Protective Services case involving any party is or has been opened, and whether any party has been or is a party to any other proceeding involving domestic violence.
(4) The court may direct representatives of Child Protective Services or other agencies to attend a protection order hearing by subpoena or court order.
(5) The court may permit any person deemed appropriate to be present during a protective order proceeding in the interests of justice notwithstanding the demand by a party that the proceeding be private.
(6) The applicant may be ordered to pay all costs and fees incurred by the adverse party if by clear and convincing evidence it is proven that the applicant knowingly filed a false or intentionally misleading affidavit.
(b) Extended orders.
(1) An adverse party must be served with the TPO and application for the extension of a TPO at least 1 day prior to the scheduled hearing.
(2) If the application for an EOP contains a request for financial relief, the applicant must submit financial information on such a form as the court deems necessary.
(3) No EOP may be renewed beyond the statutory maximum period, nor may a new EOP be granted based upon the filing of a new application that does not contain a new and distinct factual basis for the issuance of a protective order.
(4) Orders on related matters made in conjunction with extension of a TPO remain in effect for the life of the EOP unless modified by the hearing master or a district court judge hearing the TPO case or another family division case relating to the same parties.
(c) Proceedings in relation with other family division matters.
(1) If both a TPO case and another family division case relating to the same parties have been filed, the hearing master must bring all TPO cases to the attention of the district court judge before taking any action. Unless the district court judge orders otherwise:
(A) If a motion is filed in the other family division case before the TPO was granted and an extension hearing is set in the TPO court, the extension hearing will be set before the district court judge.
(B) If a motion is filed in the other family division case after the TPO was granted and an extension or dissolution hearing is set in the TPO court, the extension hearing will proceed and the hearing master may make such interim orders on extension of the TPO and any related issues at the extension hearing.
(2) Unless otherwise ordered by the district court judge, once a motion in another family division case relating to the same parties has been filed, all subsequent protection order filings and related issues will be heard by the district court judge both before and after final determination of the other family division case, so long as that other case remains open, and will be heard in the TPO court once the other case is closed.
(d) Objections to recommendations of hearing master.
(1) Interim orders, modifications or dissolutions, and recommendations pursuant to decision by a hearing master remain in full force and effect unless altered by order of the assigned district court judge irrespective of the filing of any post-decision motion or objection.
(2) A party may object to a hearing master’s recommendation, in whole or in part, by filing a written objection within 14 days after the decision in the matter; if the objecting party was not present at the hearing, the objection period begins upon service of the order on that party.
(3) A copy of the objection must be served on the other party. If the other party’s address is confidential, service may be made on the protection order office for service on the other party.
(e) A district court judge may adopt, reverse, or modify any recommendation of a hearing master.
[Added; effective August 21, 2000; amended; effective June 10, 2022.]
Rule 5.711. Other ex parte orders and preliminary injunctions.
(a) Generally.
(1) This rule governs all requests for temporary restraining orders, other ex parte orders, and preliminary injunctions, except for those relating to domestic violence or joint preliminary injunctions, and supersedes the submission and notice rules applicable to regular motions.
(2) A party may file an ex parte motion, a noticed motion for a preliminary injunction, or both.
(3) Ex parte motions filed under this rule shall be filed in a special case number provided by the court for such motions on which no parties shall be maintained for automatic service in the Eighth Judicial District Court’s electronic filing system, but otherwise with the same caption as all other documents in the case.
(4) Notice of filing an ex parte motion need not be provided where providing notice would frustrate the purpose of the order sought or cause a party or child to suffer irreparable injury.
(5) Every temporary restraining order and preliminary injunction shall state with specificity the reasons for its issuance and the act or acts sought to be restrained, without reference to other documents.
(6) Every temporary restraining order and preliminary injunction is binding on the parties to the action, their officers, agents, servants, employees, and attorneys, and on those persons in active concert or participation with them who receive actual notice of the order or injunction.
(7) If not served by automatic service in the Eighth Judicial District Court’s electronic filing system, every ex parte order and preliminary injunction shall specify when it and all filings in support of its issuance must be served on the adverse party and specify the time for filing of the adverse party’s opposition and supporting filings.
(b) Proceedings relating to ex parte motions.
(1) A motion for ex parte relief not more specifically governed by another rule must identify the circumstances claimed to require ex parte relief, explain any harm suffered or anticipated if it is not granted, and must detail the efforts, if any, made to give notice to the adverse party or the reasons, if any, that such notice should not be required. The motion will be granted only in cases of emergency.
(2) A motion for ex parte relief must be accompanied by a proposed order. Every order entered upon ex parte motion shall state with specificity the reasons for its issuance ex parte and the specific relief ordered.
(3) Every ex parte temporary restraining order shall state the date and time it will expire, not to exceed 30 days after its issuance, unless extended by either further court order or by a filed, written consent by the party against whom the order is directed. The reasons for any extension shall be recited in such order or consent.
(4) Every ex parte order shall contain an order setting a hearing on the subject matter as soon as is practicable.
(5) If the ex parte order concerns the taking of samples or drug testing, the results shall not be revealed to anyone pending a noticed hearing, unless the order specifies otherwise.
(6) If the ex parte order concerns the seizure of assets or information in any form, the subject matter shall be held without inspection, modification, or deletion pending a noticed hearing, unless the order specifies otherwise.
(c) Upon review of a motion for ex parte relief, the court may:
(1) Deny the motion;
(2) Direct the party requesting relief to file the motion in regular course;
(3) Set a hearing on the subject matter of the ex parte motion, with or without providing notice of the motion, direct whether the ex parte motion and all filings in support of its issuance must be served on the adverse party, and specify the time, if any, for filing of the adverse party’s opposition and supporting filings; or
(4) Grant the ex parte motion, in whole or in part, or otherwise issue an order addressing the subject matter of the motion.
(d) If a motion for ex parte relief is denied, unless the court directs otherwise, the court shall file the order denying the motion in the regular case number and direct that the motion may be refiled in the regular case number.
(e) Proceedings relating to preliminary injunctions.
(1) If, at the preliminary injunction hearing set by a temporary restraining order, the party who obtained the temporary restraining order does not proceed with the application for the injunction, the court shall dissolve the temporary restraining order.
(2) A party affected by a temporary restraining order may file a noticed motion to dissolve or modify it.
(f) Any evidence received upon an application for a preliminary injunction that would be admissible becomes part of the record and need not be repeated at a later hearing.
[Added; effective June 10, 2022.]
Rule 5.712. Termination of temporary orders and marital community.
(a) Parties may stipulate to:
(1) A valuation date for community and other joint property;
(2) A date on which the marital community terminates.
(b) Unless otherwise ordered or stipulated, a written order granting a divorce, rendering final judgment, or entering permanent orders is to be treated as entered nunc pro tunc on the date that submission of the evidence was closed. For divorces, the marital community terminates as of that date.
(c) If the court determines that information or events before entry of the written decree of divorce, final judgment, or permanent orders indicate that the interests of justice would be served by valuing community and other joint property using a valuation date other than the date that submission of evidence was closed, the court can use any date between the close of evidence and entry of the written decree, final judgment, or permanent orders.
(d) Behavioral orders made during an action are automatically incorporated in any final orders unless expressly terminated.
(e) Except as otherwise provided by other rule, statute, or court order, temporary orders made during an action terminate upon the court’s oral or written pronouncement of permanent orders.
(f) Unless otherwise ordered, any arrearages accrued under temporary orders remaining unsatisfied at the time of termination of those temporary orders remain due and owing.
[Added; effective June 10, 2022.]
Rule 5.713. Nunc pro tunc orders.
(a) Nunc pro tunc orders may be issued to correct clerical omissions and errors if:
(1) There was a failure to file an order that was adjudicated, such that an order was rendered or could or should have been entered thereon immediately but for some reason was not entered as such on the judgment record; or
(2) There was a clerical error in the order or judgment, supported by the record, that is being corrected.
(b) A nunc pro tunc order must bear the caption “Amended Order of . . . .” The body of the amended order must be identical to the order being changed, except for the change itself, and conclude with the language substantially as follows: “This is a nunc pro tunc order correcting the prior order . . . dated . . . .” and identifying the correction made.
[Added; effective June 10, 2022.]
PART VI. JURY COMMISSIONER
Rule 6.01. Designation of jury commissioner. Pursuant to the provisions of NRS 6.045, the court must designate a jury commissioner. The jury commissioner is directly responsible to the district court through the district court administrator.
Rule 6.10. Jury sources. In locating qualified jurors within Clark County as required by NRS 6.045, the jury commissioner must utilize the list of licensed drivers as provided by the State of Nevada Department of Motor Vehicles and Public Safety and such other lists as may be authorized by the chief judge.
Rule 6.30. Notice to court administrator of prospective juror’s failure to appear. If any prospective juror summoned fails to appear, the jury commissioner must immediately notify the court administrator of that person’s failure to appear and the department to which that person was assigned.
Rule 6.32. Trial juror’s period of service. Each person lawfully summoned as a trial juror must serve for a period established by the court.
Rule 6.40. Duty of jury commissioner on appearance of prospective jurors. When prospective jurors appear before the jury commissioner pursuant to summons, the jury commissioner must assign prospective jurors to each department of the court as the jury commissioner and the court administrator deem necessary.
Rule 6.42. Reassignment of prospective jurors. Prospective jurors assigned for service in a department of the court whose services subsequently are not required must return to the jury commissioner for possible further assignment on that day.
Rule 6.44. Completion of trial juror’s duties. When a trial juror has completed the juror’s duties in the department to which the juror was assigned, the district judge must direct the juror to return to the jury commissioner.
Rule 6.50. Court administrator may excuse jurors. A person summoned for jury service may be excused by the court administrator because of major continuing health problems, full-time student status, child care problems or severe economic hardship.
Rule 6.70. Limitation and construction of Part VI. Part VI must be limited to trial juries and jurors, and must be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice.
PART VII. GENERAL PROVISIONS
Rule 7.01. Scope of rules. Unless otherwise stated, the rules in Part VII are applicable to all actions and proceedings commenced in the Eighth Judicial District Court. To the extent any rule in Part VII conflicts with the Nevada Rules of Criminal Practice, the Nevada Rules of Criminal Practice control.
[Amended; effective June 10, 2022.]
Rule 7.03. Service in attorney folders in Clerk’s Office.
(a) Attorney folders. The clerk shall maintain a folder for each practicing attorney with cases pending in the Eighth Judicial District Court.
(b) Minute orders. The placement into an attorney of record’s folder of a copy of a Minute Order prepared by a courtroom clerk shall constitute valid service of said Minute on the party represented by the attorney of record.
(c) Judicial documents. The placement into an attorney of record’s folder of any judicial document, including but not limited to, Findings of Fact, Conclusions of Law, Judgments, Decisions, and Orders, shall not constitute formal notice of entry of order or judgment, which shall be prepared and processed by the prevailing party’s counsel.
[Added; effective March 18, 2011; amended; effective January 1, 2020.]
Rule 7.10. Applications to other than assigned judge.
(a) Except as provided in these rules or in an emergency, no judge except the judge having charge of the cause or proceeding may enter any order therein. If the matter is of an emergency nature and both the judge to whom the case is assigned and the judge’s designee are absent or otherwise unavailable, applications must be made to the chief judge, or in a case assigned to the family division, the presiding judge.
(b) When any district judge has begun a trial or hearing of any cause, proceeding or motion, or made any ruling, order or decision therein, no other judge may do any act or thing in or about such cause, proceeding or motion, unless upon the request of the judge who has begun the trial or hearing of such cause, proceeding or motion.
(c) Any order of an absent judge which is signed by another judge must conform to the minutes of the court. In such case, the order will be deemed to be the order of the original judge making the ruling, order or decision, rather than the judge signing the same.
(d) When an order of an emergency nature is entered by the chief or presiding judge or an order of an absent judge assigned on the judge’s behalf, it may be enforced or reconsidered by the judge to whom the case is assigned.
(e) Any order of a senior judge or visiting judge may be enforced or modified by any other senior or visiting judge.
Rule 7.12. Multiple application prohibited. When an application or a petition for any writ or order shall have been made to a judge and is pending or has been denied by such judge, the same application, petition or motion may not again be made to the same or another district judge, except in accordance with any applicable statute and upon the consent in writing of the judge to whom the application, petition or motion was first made.
Rule 7.14. Applications for orders in chambers. Notwithstanding any other provision of these rules, an application for an order to a judge in chambers may be made by an attorney. Litigants in proper person, “runners,” and friends or employees of litigants must leave proposed orders with the clerk of the court or in the court’s lock box. All proposed orders must be promptly delivered by the clerk to the appropriate judge in chambers.
Rule 7.20. Form of papers presented for filing; exhibits; documents; legal citations.
(a) All pleadings and papers presented for filing must be flat, unfolded, firmly bound together at the top, on white paper of standard quality, not less than 16-lb. weight and 8.5 x 11 inches in size. All papers must be typewritten, legibly handwritten, or prepared by some other duplication process that will produce clear and permanent copies equally legible to printing. All print size shall not be smaller than size 12-point font. All or part of a pleading or paper may be legibly handwritten at the discretion of the court. Carbon or photocopies may not be filed, except as provided in paragraphs (d) and (f) of this rule. Only one side of the paper may be used.
The lines on each page must be double-spaced, except that descriptions of real property may be single-spaced. All quotations of more than 50 words must be indented and single-spaced. Pages must be numbered consecutively at the bottom. Lines of pages must be numbered in the left margin, which shall measure one inch in width.
(b) No original pleading or paper may be amended by making erasures or interlineations thereon, or by attaching slips thereto, except by leave of court.
(c) The following information shall appear upon the first page of every document presented for filing, single-spaced:
(1) The document code (list of document codes available at the office of the clerk); the name, Nevada State Bar identification number, address, telephone number, fax number, and email address of the attorney and of any associated attorney appearing for the party filing the paper; and whether such attorney appears for the plaintiff, defendant, or other party; or the name, address, telephone number, fax number, and email address of a self-represented litigant; shall be set forth to the left of center of the page beginning at line 1. If a self-represented litigant does not have a fax number and/or email address, he or she may so indicate with “no fax number” and/or “no email address.” The space to the right of center shall be reserved for the filing marks of the clerk.
CODE
NAME
BAR NUMBER
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
ATTORNEY FOR:
(2) The title of the court shall appear at the center of the page at line 5 or lower below the information required by paragraph (1), as follows:
DISTRICT COURT
CLARK COUNTY, NEVADA
(3) Below the title of the court shall appear in the space to the left of center, line 8 or lower, the name of the action or proceeding, e.g.:
JOHN DOE,
Plaintiff,
vs.
RICHARD ROE,
Defendant.
}
(4) In the space to the right of center at line 10 or lower, shall appear the case number, the department number and/or letter as follows:
Case No. A 999999
Dept. No. I or A
(5) The title of the pleading, motion or other document must be typed or printed either below the department number or in the center on the page directly below the name of the parties to the action or proceeding. The title must be sufficient in description to apprise the other parties and the clerk of the nature of the document filed, or the relief sought, e.g. Plaintiff’s Motion to Compel Answers to Interrogatories; Defendant’s Motion for Summary Judgment against Plaintiff John Doe; Order Granting Plaintiff Doe’s Motion for Summary Judgment against Defendant Roe. The designation “Hearing Requested” or “Hearing Not Requested” as required by EDCR 2.20 must be typed or printed directly below the department number.
For the convenience of the court and the parties, the same title used on the documents must appear on all calendars at the time of the hearing.
(Example)
CODE
NAME
BAR NUMBER
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
ATTORNEY FOR:
DISTRICT COURT
CLARK COUNTY, NEVADA
JOHN DOE,
Plaintiff,
vs.
RICHARD ROE,
Defendant.
}
Case No. A 000000
Dept. No. II or A
Hearing Requested
MOTION, ORDER, REPLY,
JUDGMENT, ETC.
Date of Hearing:
Time of Hearing:
(6) If the document to be filed is a response, reply or other document related to a matter that has already been set for hearing but not yet heard, the time and date of the hearing shall appear immediately below the title of the paper.
(d) Any document filed after the complaint shall name the first party on each side and may refer generally to the other parties.
(e) All exhibits attached to pleadings or papers must be 8.5 x 11 inches in size. Exhibits that are smaller must be affixed to a blank sheet of paper of the appropriate size. Exhibits that are larger than 8.5 x 11 inches must be reduced to 8.5 x 11 inches or must be folded so as to measure 8.5 x 11 inches in size. All exhibits attached to pleadings or papers must clearly show the exhibit number immediately preceding the exhibit on an 8.5 x 11 inch sheet of white paper. If a courtesy copy is delivered to the Judge’s chambers, all exhibits attached to pleadings or papers must be clearly divided by a tab. Plaintiffs must use numerical designations and defendants must use alphabetical designations. Copies of exhibits must be clearly legible and not unnecessarily voluminous. Original documents must be retained by counsel for introduction as exhibits at the time of a hearing or at the time of trial rather than attached to pleadings.
(f) When a decision of the Supreme Court of the State of Nevada or the Nevada Court of Appeals is cited, the citation to Nevada Reports must be given together with the citation to West’s Pacific Reporter and the year of the decision. Whenever a decision of an appellate court of any other state is cited, the citation to West’s Regional Reporter System must be given together with the state and the year of decision. When a decision of the Supreme Court of the United States is cited, at least one parallel citation and year of decision must be given. When a decision of the Court of Appeals or of a District Court or other court of the United States has been reported in the Federal Reporter System, that citation, court and year of decision must be given.
(g) Paragraph (a), except as to the size of paper and that only one side of the paper may be used, and paragraph (c) of this rule do not apply to printed forms furnished by the clerk, the district attorney, the public defender or a self-help center established by the court. If the filed document is more than two pages, the document should use numbered pages and paragraphs.
[Amended; effective January 1, 2020.]
Rule 7.21. Preparation of order, judgment or decree. The counsel or self-represented litigant obtaining any order, judgment or decree must furnish the form of the same to the clerk, judge, or judicial officer within 14 days after being notified of the ruling, unless additional time is allowed by the court.
[Amended; effective January 1, 2020.]
Rule 7.22. Nunc pro tunc orders.
(a) If, through any inadvertence, an order or decree fails to state the order actually made by the court, and such inadvertence is brought to the attention of the court by petition, or on its own motion, the court may make a nunc pro tunc order correcting the mistake.
(b) The nunc pro tunc order must be in the form of an amended order, and must bear the caption “Amended Order of . . . .” The body of the amended order must be identical to the order being changed, except for the change itself, and conclude with the language substantially as follows: “This is a nunc pro tunc order correcting the prior order of . . . dated . . . .”
The form of the amended order must be accompanied by a verified petition, or affidavit of counsel, specifying the change and the reasons therefor. If the order sought to be amended is of many pages in length, the court may consider a document captioned “Amendment to Order of . . . .” which addresses the change alone, together with a sufficient recitation to identify that change, and conclude with language substantially as follows: “This is a nunc pro tunc order correcting the prior order of . . . dated . . . .” The form of amendment to the order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons therefor.
(c) The original order is not to be physically changed, but is to be used in connection with the nunc pro tunc order correcting it. To prevent further errors, a complete clause or sentence should be stricken, even if the amendment is intended to correct only one word or a single figure.
Rule 7.23. Designation of papers by parties. Every document presented to a judge for signature, including orders, findings, conclusions and judgments, and every paper presented for filing, must bear the signature, name, office address, electronic mail address, and telephone number of counsel or, if unrepresented, the party presenting or filing the same. This requirement may be met by including the information at the end of the document.
[Amended; effective July 29, 2011.]
Rule 7.24. Filing orders. Any order, judgment or decree which has been signed by a judge must be filed with the clerk of the court promptly. No attorney may withhold or delay the filing of any such order, judgment or decree for any reason, including the nonpayment of attorney’s fees.
Rule 7.25. Orders extending time; notice to opposing party. No order, made on ex parte application, granting or extending the time to file any paper or do any act is valid for any purpose in case of objection, unless a copy thereof is served upon the opposing party not later than the end of the next judicial day.
Rule 7.26. Department boxes; courtesy copies for the court. The court administrator shall maintain suitable boxes in an appropriate location for each department of the court in which courtesy copies of motions, affidavits, points and authorities, or other papers may be deposited. Attorneys are required to leave courtesy copies of any paper filed within 7 days of a hearing at which the paper may be considered. The boxes must also be used to deliver courtesy copies of any other filed material that a party wishes the court to receive in advance of a trial or hearing. Courtesy copies must indicate the date of any hearing to which they pertain.
[Amended; effective January 1, 2020.]
Rule 7.27. Filing of civil trial memoranda. Unless otherwise ordered by the court, an attorney may elect to submit to the court in any civil case, a trial memoranda of points and authorities at any time prior to the close of trial. The original trial memoranda of points and authorities must be filed and a copy of the memoranda must be served upon opposing counsel at the time of or before submission of the memoranda to the court.
[Amended; effective July 29, 2011.]
Rule 7.28. Custody and withdrawal of papers, records and exhibits.
(a) The Clerk of the Court has custody of the records and papers of the court. The clerk may not permit any original record, paper or exhibit to be taken from the court, judge’s chambers or from the clerk’s office, except at the direction of the court or as provided by statute or these rules.
(b) Papers, records or exhibits belonging to the files of the court may be temporarily withdrawn from the office and custody of the clerk for a limited time upon the special order of the judge, specifying the record, paper or exhibit, and limiting the time the same may be retained. A receipt must be given for any paper, record or exhibit so withdrawn from the files.
(c) Models, diagrams and exhibits of material forming part of the evidence taken in a case may be withdrawn by order of the court in the following manner:
(1) By stipulation of the parties.
(2) By motion made after notice to the adverse party.
(3) After a judgment is final, by the party introducing the same in evidence, unless the model, diagram or exhibit is obtained from the adverse party. If any model, diagram or exhibit is withdrawn under this paragraph, the party or attorney who withdraws it shall file an affidavit with the clerk to the effect that the person who withdraws it is the owner of or lawfully entitled to the possession of the model, diagram or exhibit. Withdrawal of any model, diagram or exhibit must be on court order on such terms and conditions as the court may impose, and a receipt therefor shall be filed with the clerk.
Rule 7.30. Motions to continue trial settings.
(a) Any party may, for good cause, move the court for an order continuing the day set for trial of any cause. A motion for continuance of a trial must be supported by affidavit except where it appears to the court that the moving party did not have the time to prepare an affidavit, in which case counsel for the moving party need only be sworn and orally testify to the same factual matters as required for an affidavit. Counter-affidavits may be used in opposition to the motion.
(b) If a motion for continuance is made on the ground that a witness is or will be absent at the time of trial, the affidavit must state:
(1) The name of the witness, the witness’ usual home address, present location, if known, and the length of time that the witness has been absent.
(2) What diligence has been used to procure attendance of the witness or secure the witness’ deposition, and the causes of the failure to procure the same.
(3) What the affiant has been informed and believes will be the testimony of the absent witness, and whether the same facts can be proven by witnesses, other than parties to the suit, whose attendance or depositions might have been obtained.
(4) The date the affiant first learned that the attendance or deposition of the absent witness could not be obtained.
(5) That the application is made in good faith and not merely for delay.
(c) Except in criminal matters, if a motion for continuance is filed within 30 days before the date of the trial, the motion must contain a certificate of counsel for the movant that counsel has provided counsel’s client with a copy of the motion and supporting documents. The court will not consider any motion filed in violation of this paragraph and any false certification will result in appropriate sanctions imposed pursuant to Rule 7.60.
(d) No continuance may be granted unless the contents of the affidavit conform to this rule, except where the continuance is applied for in a mining case upon the special ground provided by NRS 16.020.
(e) No amendments or additions to affidavits for continuance will be allowed at the hearing on the motion and the court may grant or deny the motion without further argument.
(f) Trial settings may not be vacated by stipulation, but only by order of the court. The party moving for the continuance of a trial may obtain an order shortening the time for the hearing of the motion for continuance. Except in an emergency, the party requesting a continuance shall give all opposing parties at least 3 days’ notice of the time set for hearing the motion. The hearing of the motion shall be set not less than 1 day before the trial.
(g) When application is made to a judge, master or commissioner to postpone a motion, trial or other proceeding, the payment of costs (including but not limited to the expenses incurred by the party) and attorney fees may be imposed as a condition of granting the postponement.
(h) Motions or stipulations to continue a civil trial that also seek extension of discovery dates must comply with Rule 2.35.
[Amended; effective July 2, 2007.]
Rule 7.40. Appearances; substitutions; withdrawal or change of attorney.
(a) When a party has appeared by counsel, the party cannot thereafter appear on the party’s own behalf in the case without the consent of the court. Counsel who has appeared for any party must represent that party in the case and shall be recognized by the court and by all parties as having control of the case. The court in its discretion may hear a party in open court although the party is represented by counsel.
(b) Counsel in any case may be changed only:
(1) When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both attorneys and the client, which must be filed with the court and served upon all parties or their attorneys who have appeared in the action, or
(2) When no attorney has been retained to replace the attorney withdrawing, by order of the court, granted upon written motion, and
(A) If the application is made by the attorney, the attorney must include in an affidavit the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, and the telephone number, or last known telephone number, at which the client may be reached and the attorney must serve a copy of the application upon the client and all other parties to the action or their attorneys, or
(B) If the application is made by the client, the client must state in the application the address at which the client may be served with notice of all further proceedings in the case in the event the application is granted, and the telephone number, or last known telephone number, at which the client may be reached and must serve a copy of the application upon the client’s attorney and all other parties to the action or their attorneys.
(c) No application for withdrawal or substitution may be granted if a delay of the trial or of the hearing of any other matter in the case would result.
[Amended; effective June 10, 2022.]
Rule 7.42. Appearances in proper person; entry of appearance.
(a) Unless appearing by an attorney regularly admitted to practice law in Nevada and in good standing, no entry of appearance or pleading purporting to be signed by any party to an action may be recognized or given any force or effect by any district court unless the same is signed by the party, with the signer’s address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.
(b) A corporation may not appear in proper person.
[Amended; effective October 13, 2005.]
Rule 7.44. Presence of local counsel required.
(a) Unless otherwise allowed by the court, no attorney who is not a resident of Nevada and has not been admitted to the State Bar of Nevada may appear as counsel in any cause pending in this district without the presence of associated Nevada counsel.
(b) If foreign counsel is associated, all pleadings, motions and other papers must be signed by Nevada counsel, who shall be responsible to the court for their content. Nevada counsel must be present during oral arguments and must be responsible to the court for all matters presented.
Rule 7.50. Stipulations to be in writing or to be entered in court minutes. No agreement or stipulation between the parties or their attorneys will be effective unless the same shall, by consent, be entered in the minutes in the form of an order, or unless the same is in writing subscribed by the party against whom the same shall be alleged, or by the party’s attorney.
Rule 7.51. Procedure for appointment of the clerk of the court to execute documents pursuant to NRCP 70. As used in this rule, the term “uncooperative party” means any party that has been directed in a judgment to execute a conveyance of land, deliver deeds or other documents, or perform any other specified act, and has failed to comply within the time specified.
(a) A court order for the appointment of the clerk of the court to execute a conveyance of land, deliver deeds or other documents, or perform any other specific act, must be made by a request for order. The request for order must be filed with the court and must include a supporting declaration that complies with the requirements of part (c) of this rule. After the request for order has been filed, a proposed order must be submitted to the chambers of the assigned department.
(b) The court may consider and grant the request for order ex parte or may require that the uncooperative party be served with the request and given an opportunity to respond. The court may also set a hearing on the request for order.
(c) The supporting declaration must include the following:
(1) Identification of the judgment by title, date, page, and line number of the court order upon which the request to appoint the clerk of the court is based;
(2) A description of the good faith efforts made to have the uncooperative party satisfy the judgment, or a statement providing adequate cause why good faith efforts were not made;
(3) A statement that the judgment has not been modified by subsequent court order;
(4) A statement that the judgment has not been satisfied; or if it has been partially satisfied, what portion remains outstanding;
(5) A list of the documents to be executed by the clerk of the court; and
(6) A statement of the facts establishing the necessity of the appointment of the clerk of the court, including the reason why each document requires the clerk’s signature.
(d) The proposed order must include the following:
(1) A definitive order appointing the clerk of the court to execute the documents pursuant to NRCP 70. The order cannot state the name or title of a specific court employee;
(2) The name of the uncooperative party for whom the clerk of the court is being appointed;
(3) The exact title or sufficient description that accurately identifies each document to be executed; and
(4) A copy of all documents to be executed. The copies may be redacted to prevent disclosure of private information. The clerk of the court’s name or title should not be substituted for the uncooperative party’s name. When possible, the document should indicate that the clerk of the court is signing on behalf of the uncooperative party.
(e) If the court grants the request for order, the party must submit the original documents to the clerk of the court for execution. When submitting the document, the party shall provide the case number where the order is entered, contact information for the submitting party, and instructions on how the document should be returned. It is not necessary for the party to provide a copy of the order.
[Added; effective January 1, 2020.]
(a) If without just excuse or because of failure to give reasonable attention to the matter, no appearance is made on behalf of a party on the call of a calendar, at the time set for the hearing of any matter, at a pretrial conference, or on the date of trial, the court may order any one or more of the following:
(1) Payment by the delinquent attorney or party of costs, in such amount as the court may fix, to the clerk or to the adverse party.
(2) Payment by the delinquent attorney or party of the reasonable expenses, including attorney fees, to any aggrieved party.
(3) Dismissal of the complaint, crossclaim, counterclaim, or motion or the striking of the answer and entry of judgment by default, or the granting of the motion.
(4) Any other action it deems appropriate, including, without limitation, imposition of fines.
(b) The court may, after notice and an opportunity to be heard, impose upon an attorney or a party any and all sanctions that may, under the facts of the case, be reasonable, including the imposition of fines, costs, or attorney fees when an attorney or a party without just cause:
(1) Presents to the court a motion or an opposition to a motion that is obviously frivolous, unnecessary, or unwarranted.
(2) Fails to prepare for a presentation.
(3) So multiplies the proceedings in a case as to increase costs unreasonably and vexatiously.
(4) Fails or refuses to comply with these rules.
(5) Fails or refuses to comply with any order of a judge of the court.
[Amended; effective June 25, 2024.]
Rule 7.70. Voir dire examination. Proposed voir dire questions by the parties or their attorney(s) must be submitted to the court no later than the calendar call/final pretrial conference in accordance with EDCR 2.68-2.69, unless otherwise directed by the court. The judge must conduct the initial voir dire examination of the jurors. The trial judge must then permit counsel to supplement the judge’s examination by oral and direct questioning of any of the prospective jurors subject to governing law. The scope of such additional questions or supplemental examination must be within reasonable limits prescribed by the trial judge in the judge’s sound discretion.
The following areas of inquiry are not properly within the scope of voir dire examination by counsel:
(a) Questions already asked and answered.
(b) Questions touching on the verdict a juror would return when based upon hypothetical facts.
(c) Questions that are in substance arguments of the case.
[Amended; effective June 25, 2024.]
Rule 7.72. Courtroom conduct and attire. Proceedings in court should be conducted with dignity and decorum. All persons appearing in open court must be properly attired as befits the dignity of the court.
[Amended; effective January 1, 2020.]
Rule 7.74. Communication with law clerks. No attorney may argue to or attempt to influence a law clerk on the merits of a contested matter pending before the judge or judicial officer to whom that law clerk is assigned.
Rule 7.76. Attorney as surety. No attorney may be accepted as security for costs, or as surety on any appearance, appeal or other bond or surety given in any case in which the attorney is counsel.
Rule 7.80. Court interpreters.
(a) Counsel must notify the court interpreter’s office of a request for interpreter not less than 48 hours before the hearing or trial is scheduled. In criminal cases when the defendant has been declared an indigent, and in civil cases when a determination of indigency has been made pursuant to NRS 12.015, there may be no charge for available court interpreters. In all other cases, the party requesting the interpreter must pay any reasonable fees as may be set by the chief judge to the clerk in advance for the services of a court interpreter.
In exceptional cases, the fee schedule may be waived, increased or decreased, at the discretion of the court. When it is necessary to employ interpreters from outside Clark County, actual and necessary expenses shall also be paid by the party requesting the interpreter.
(b) An interpreter qualified for and appointed to a case must appear at all subsequent court proceedings unless relieved as interpreter of record by the court.
[Amended; effective January 17, 2012.]
Rule 7.82. Court reporters not provided. Court reporters are neither provided nor compensated by the court for hearings before commissioners, masters or referees. Any party desiring to have a matter reported must arrange in advance for a certified court reporter at the party’s own expense.
Rule 7.85. Transfer of certain cases to district court from justice court under NRS 66.070; grounds for dismissal of action.
(a) The plaintiff must cause the papers in a case certified to this court under the provisions of NRS 66.070 to be filed in the office of the clerk of this court within 15 days from the day upon which the order of the justice of the peace is made directing the transfer of the case.
(b) If the papers are not so filed the case must be dismissed:
(1) Upon filing a certificate from the justice of the peace to the effect that the justice of the peace has certified the papers as required by NRS 66.070, but that the same have not been ordered up, or the proper costs paid; or
(2) If it shall appear that such papers are not filed in this court by reason of the neglect of the plaintiff to pay the fees of the clerk for filing the same.
Rule 7.90. Effective date. These rules take effect January 1, 2001. They govern all proceedings in actions brought after that date and all further proceedings in actions pending on that date, unless in the opinion of the court their application in a particular pending action would not be feasible or would work an injustice, in which event the former procedure applies. The rules of practice for the Eighth Judicial District Court of the State of Nevada approved by the Supreme Court of Nevada on July 1, 1997, are hereby superseded and repealed, effective January 1, 2001.
[Amended; effective January 1, 2001.]
PART VIII. ELECTRONIC FILING AND SERVICE
Rule 8.01. Definitions of words and terms. The definitions in Nevada Electronic Filing and Conversion Rules (NEFCR) apply to this Part VIII of the EDCR.
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
Rule 8.02. Mandatory use of the EFS.
(a) The Eighth Judicial District Court employs a case management system, an EFS, and a conversion system pursuant to NEFCR. Use of the EFS is mandatory for all registered users pursuant to NEFCR 4(b).
(b) When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or other means, a court may allow a party to file the document in paper form.
(c) The clerk shall maintain a public access terminal as required by NEFCR 2(m).
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
Rule 8.03. Procedures regarding nonconforming documents. A document that does not comply with EDCR 7.20; has been filed in the wrong case; is an unsigned order; is unsigned by the filer; contains multiple documents bundled together and filed as one document commencing a civil action; is a document filed to commence an action that is not a complaint, petition, application, or other document that initiates a civil action; or is a document filed to commence an action that does not have the proper case type designation or cover sheet as required by NRS 3.275 is a “nonconforming document” pursuant to NEFCR 8(b)(2).
(a) If a filer does not cure a nonconformity after notice from the clerk and an opportunity to cure within 7 days, the clerk may strike the nonconforming document. Within 7 days of a nonconforming document being stricken by the clerk, the filer may move the court upon a showing of good cause to permit the filing of the nonconforming document.
(b) The clerk shall strike any document filed to commence an action that is not a complaint, petition, application, or other document that initiates a civil action. The clerk shall close the case as filed in error and return any filing fee. The clerk shall notify the filer and all registered users receiving service under NEFCR 9(b).
(c) On motion or on its own order to show cause, the court may strike any nonconforming document.
(d) The clerk shall not file any unsigned order. The clerk shall furnish the order to the appropriate department and shall notify the filer and all registered users receiving service under NEFCR 9(b). After forwarding the submitted order, the clerk shall remove and/or reject unsigned orders from the electronic filing queue.
(e) For any other nonconforming document, if the filer is a self-represented litigant, the clerk shall cure the nonconforming document, replace it with the conforming document where appropriate, and notify the filer and the registered users receiving service under NEFCR 9(b). If the filer is an attorney who filed the nonconforming document, the clerk shall provide notice and an opportunity to cure pursuant to NEFCR 8(b)(2)(A).
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
Rule 8.04. Services provided by the EFS.
(a) When a document is filed through the EFS, the provider must promptly confirm the receipt of the filing by email to the filer or provide a link for the filer to access the confirmation. The confirmation will include the following:
(1) Case number and case caption;
(2) Date and time the service provider received the filing (time at the clerk’s office);
(3) Document title;
(4) Document code;
(5) Service provider document identifier;
(6) Who filed the document; and
(7) The page count as provided by the filer.
(b) The EFS will add the image of the clerk’s file stamp in the appropriate place on the electronic document.
(c) The service provider will send an email to all addresses listed in the service list for that particular case. This email will contain the following information:
(1) Case number and case caption;
(2) Date and time the service provider received the filing;
(3) Document title;
(4) Document code;
(5) Service provider document identifier;
(6) Who filed the document;
(7) Page count as provided by the filer;
(8) A resource locator that provides access to the filed document; and
(9) A list of all email addresses served as of the date and time of the filing.
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
Rule 8.09. Conventional filing of documents.
(a) Notwithstanding the foregoing, the following types of documents may be filed conventionally and need not be filed electronically, unless expressly required by the court.
(1) Documents filed under seal. A motion to file a document under seal shall be filed and served through the EFS. However, the documents to be filed under seal shall be filed in paper form.
(2) Exhibits and real objects. Exhibits to declarations that are real objects (i.e., construction materials, core samples, etc.) or other documents (i.e., plans, manuals, etc.), which otherwise may not be comprehensibly viewed in an electronic format, may be filed and served conventionally in paper form.
(3) Documents filed in open court. When it is not feasible for a party to convert a paper document to an electronic form prior to filing, a judge may allow a party to file the document in paper form in open court. The clerk shall then use the conversion system to file and serve the document through the EFS.
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
Rule 8.10. Technical problems that preclude electronic filing.
(a) Both the court and the service provider must take reasonable steps to provide notice to electronic filers of any problems that impede or preclude electronic filing.
(b) When technical problems with the EFS preclude the court from accepting electronic filings on a particular court day, the court must deem a filing received on the day when the filer can satisfactorily demonstrate that he or she attempted to file on that day.
[Added; effective April 11, 2006; amended; effective January 1, 2020.]
(a) Any document requiring payment of a filing fee to the clerk may be filed electronically in the same manner as any other electronic document.
(b) If a filing fee is required, the filer shall immediately send to the clerk a photocopy of the face sheet of the filing indicating thereon the filing ID#, plus a check for filing fee(s) in the proper amount in accordance with the current Clark County District Court schedule of fees. The clerk may also permit the filer to use a credit card or debit card for the payment of the filing fee.
(c) Statutory filing fees must be tendered to the clerk immediately following an electronic filing and must in any event be postmarked no later than the next business day following the electronic filing.
(d) If a filing fee is due on any ex parte application, it must be received by the clerk no later than 24 hours following the filing.
(e) Subject to any waiver pursuant to NEFCR 10(c), if without just cause or because of failure to give reasonable attention to the matter a filer does not pay the required filing fees, the court may order any one or more of the following:
(1) Payment by the delinquent attorney or self-represented litigant of costs, in such amount as the court may fix, to the clerk or to the adverse party;
(2) Payment by the delinquent attorney or self-represented litigant of the reasonable expenses, including attorney fees, to any aggrieved party;
(3) Dismissal of the complaint, crossclaim, counterclaim, or motion or the striking of the answer and entry of judgment by default, or the granting or denial of the motion; or
(4) Any other action the court deems appropriate, including, without limitation, imposition of fines.
[Added; effective April 11, 2006; amended; effective June 25, 2024.]
PART IX. JUSTICE AND MUNICIPAL COURT APPEALS
Rule 9.01. Notice of appeal and bond. The notice of appeal and any bond shall be filed with the justice or municipal court in compliance with the rules of the particular court and applicable law.
(a) The notice of appeal shall:
(1) Specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”;
(2) Designate the judgment, order, or part thereof being appealed; and
(3) Name the court to which the appeal is taken.
[Added; effective June 25, 2024.]
Rule 9.02. Serving the notice of appeal. The appellant shall serve the notice of appeal on all parties to the action in the justice or municipal court. Service on a party represented by counsel shall be made on counsel. If a party is not represented by counsel, the appellant shall serve the notice of appeal on the party at the party’s last known address. The appellant must note, on each copy, the date when the notice of appeal was filed. The notice of appeal filed with the justice or municipal court clerk shall contain an acknowledgment of service or proof of service.
[Added; effective June 25, 2024.]
Rule 9.03. Payment of fees. Except where provided by statute, upon filing a notice of appeal, the appellant must pay the justice or municipal court clerk the district court filing fee and any fees charged by the lower court. Except for amended notices of appeal, the district court filing fee is $47 for each notice of appeal filed.
[Added; effective June 25, 2024.]
(a) When bond required. In a civil case, the appellant shall file a bond for costs on appeal in the justice or municipal court with the notice of appeal.
(b) Amount of appeal cost bond. In civil appeals, the bond shall be in the sum of $250. If the appeal is withdrawn, dismissed, or the judgment affirmed, any outstanding court fees owed to the district court may be satisfied from the bond, with the remainder to be returned to the justice or municipal court for disbursement in accordance with the rules of the particular court and applicable law.
(c) Supersedeas bond; when required. Whenever an appellant desires a stay on appeal, with the exception of summary evictions, in addition to the bond for costs on appeal, the person may file a bond for supersedeas, as provided in this rule.
(1) If the appeal is from a judgment or order directing the payment of money, the bond shall be conditioned for the satisfaction of the judgment in full, together with costs and interest, if for any reason the appeal is dismissed or if the judgment is affirmed and to satisfy in full such modification of the judgment and such costs and interests as the appellate court may adjudge and award. If the appellant does not make such payment within 30 days after the filing of affirmance of the judgment in whole or in part in the court in which the appeal is taken, judgment may be entered on motion of the respondent in the respondent’s favor against the surety or sureties for such amount, together with the interest that may be due thereon and the costs that may be awarded against the appellant upon the appeal. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs awarded against appellant on appeal, and interest, unless the lower court judge, after notice and hearing and for good cause shown, fixes a different amount or orders security other than the bond.
If the appeal is from an order dissolving or refusing to dissolve an attachment, the bond shall be in the sum of the value of the property attached and conditioned that if the order appealed from, or any part thereof, is affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon.
(2) If the judgment or order appealed from direct the assignment or delivery of documents or personal property, the things required to be assigned or delivered shall be assigned and placed in the custody of such officer or receiver as the court may appoint, and the bond shall be in such amount as the court or justice court judge may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, is affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon. In lieu of the assignment and delivery and of the bond herein provided for, the appellant may enter into a bond, in such amount as the court or justice court judge thereof may direct, to the effect that if the judgment or order, or any part thereof, is affirmed, the appellant will obey the order and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon.
(3) If the judgment or order appealed from directs the execution of a conveyance or other instrument, the instrument shall be executed and deposited with the clerk or justice of the court with whom the judgment or order is entered to abide by the judgment of the appellate court, and the bond shall be in such amount as the court or justice court judge thereof may direct, to the effect that the appellant will, if the judgment or order, or any part thereof, is affirmed, pay to the opposing party on such appeal all damages and costs caused by the appellant by reason of such appeal and the stay of execution thereon.
(4) In cases involving an appeal by the defendant of an order of eviction in a formal proceeding, such appeal shall not stay the execution of the judgment, unless, no later than 10 days after the filing of a notice of appeal, the person shall execute and file with the court or justice court judge an undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from is affirmed or the appeal is dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed.
Whenever an appeal is perfected, and a bond given as provided by subparagraphs (1), (2), (3), and (4) herein, it shall stay all further proceedings in the court below upon the judgment or order appealed from or upon matters embraced therein, except as hereinafter specified. However, the court below may proceed upon any other matter included in the action or proceeding and not affected by the judgment or order appealed from; and the court below may in its discretion dispense with or limit the security required by subparagraphs (1), (2), (3), and (4) above when an appellant is an executor, administrator, trustee, or other person acting in another’s right.
In cases not provided for in subparagraphs (1), (2), (3), or (4) above, the giving of an appeal bond, under the provisions of EDCR 9.04, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the same of perishable property, the court below may order the property to be sold and the proceeds thereof to be deposited to abide by the judgment of the appellate court, and except where the appellate court may otherwise direct upon such terms as it may in its discretion impose.
[Added; effective June 25, 2024.]
Rule 9.05. Pending appeal. In summary eviction appeals, the execution of the order of eviction is automatically stayed upon filing of the notice of appeal and posting of the appeal cost bond. For all other civil appeals, an order of stay or related relief from either the lower court or district court must be obtained, unless a supersedeas bond is posted.
(a) Initial motion in the justice or municipal court. A party must ordinarily move first in the lower court for the following relief:
(1) A stay of the judgment or order of, or proceedings in, a justice court or municipal court, pending appeal to the district court;
(2) Approval of a supersedeas bond; or
(3) An order suspending, modifying, restoring, or granting an injunction while an appeal is pending.
(b) Motion in the district court; conditions on relief. A motion for the relief mentioned in EDCR 9.05(a)(1) may be made to the district court.
(1) The motion shall:
(A) Show that moving first in the lower court would be impracticable; or
(B) State that, a motion having been made, the lower court denied the motion or failed to afford the relief requested and state any reasons given by the lower court for its action.
(2) The motion shall also include:
(A) The reasons for granting the relief requested and the facts relied on;
(B) Originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and
(C) Relevant parts of the record.
(3) The moving party must give reasonable notice of the motion to all parties.
(4) The court may condition relief on a party’s filing a bond or other appropriate security in the lower court.
[Added; effective June 25, 2024.]
Rule 9.06. Court clerk’s duty to forward the record. Upon the filing of the notice of appeal, the justice or municipal court clerk shall immediately forward to the clerk of the district court the required filing fee and the appeal cost bond, together with the record.
(a) The record consists of any papers and exhibits filed in the justice or municipal court, the court minutes, and the docket entries made by the clerk, including but not limited to:
(1) The notice of appeal;
(2) Any docket entries;
(3) Any court minutes; and
(4) Any orders.
(b) Except in non-small claims civil appeals from justice court, transcripts are not required and will not be prepared except at the request of a party or the district court hearing the appeal.
(c) In summary eviction appeals, transcripts are not required; however, the justice or municipal court shall make available any electronic recording of proceedings without transcription upon request by the district court.
[Added; effective June 25, 2024.]
Rule 9.07. Use of the e-filing system. All parties are required to register with the court’s electronic filing system. All filings must be electronically filed in accordance with Part VIII of the EDCR.
[Added; effective June 25, 2024.]
Rule 9.08. Briefing and oral argument.
(a) Opening brief. Within 7 calendar days of the filing of the notice of appeal, the appealing party may file an opening brief with the district court including:
(1) The basis for the appeal;
(2) A statement of the relevant facts;
(3) A statement of the procedural history of the case;
(4) The argument on appeal, which must contain any law in support of the appeal; and
(5) A short conclusion stating the precise relief sought.
(b) Answering brief. Within 7 calendar days of the filing and service of the opening brief, the responding party may file an answering brief with the district court, including:
(1) A statement of the relevant facts;
(2) A statement of the procedural history of the case;
(3) The argument opposing the appeal, which must contain any law in support of the answering brief; and
(4) A short conclusion.
Briefs must not exceed 10 pages, excluding exhibits. Briefs may not include any documents that were not provided to the municipal or justice court. No reply will be permitted except with the approval of the district judge hearing the appeal.
(c) Oral argument. Unless otherwise ordered by the district court, oral argument shall not be scheduled.
[Added; effective June 25, 2024.]
Rule 9.09. Service. A party or a person representing a party must, at the time of filing a paper, serve a copy on the other parties to the appeal pursuant to NRCP 5 and EDCR 8.02. Service on a party represented by counsel must be made on the party’s counsel.
[Added; effective June 25, 2024.]
Rule 9.10. Dismissal of appeal. If the appellant fails to timely file an opening brief, to post the bond as required by EDCR 9.04, or to pay the filing fees as required by EDCR 9.03, the appeal may be dismissed by the district court upon motion from any respondent or upon its own motion at the cost of the appellant.
(a) Prior to the granting of the dismissal, the appellant shall be given written notice of the motion to dismiss. The notice shall be supported by a certificate of the clerk or district court, showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for transmitting the record, and proof of service.
(b) The notice of the motion to dismiss may be mailed or delivered to the appellant or the appellant’s attorney. The appellant may respond in writing within 7 days of such service, showing good cause, if any, why the motion should not be granted. The district court clerk shall docket the appeal for the limited purpose of permitting the district court to entertain the motion without requiring payment of the filing fee, but the appellant shall not be permitted to respond without payment of the fee unless the person is otherwise exempt therefrom. The district court, with or without allowing a response from the respondent, shall grant the motion to dismiss if good cause is not shown. If satisfied as to good cause for the delay, the district court shall allow the appeal to continue upon such terms as it may order.
(c) If any respondent shall fail to timely file an answering brief, such failure may be treated by the district court as a confession of error and sufficient grounds for reversal of the judgment or order appealed from.
[Added; effective June 25, 2024.]
Rule 9.11. Representation of entity. An entity cannot represent itself and must have counsel.
[Added; effective June 25, 2024.]
(a) Every motion or stipulation to extend time shall inform the court of any previous extensions granted and state the reasons for the extension requested. A request for an extension made after the expiration of the specified period shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was the result of excusable neglect. Immediately below the title of such motion or stipulation, there shall also be included a statement indicating whether it is the first, second, third, etc., requested extension.
(b) Ex parte motions for extension of time will not ordinarily be granted. When a certificate of counsel shows good cause for the extension and a satisfactory explanation why the extension could not be obtained by stipulation or on notice, however, the court may grant, ex parte, an emergency extension for only such a limited period as may be necessary to enable the moving party to apply for a further extension by stipulation or upon notice, with the time for hearing shortened by the court.
[Added; effective June 25, 2024.]
Rule 9.13. Withdrawal of appeal. If an appealing party no longer wants to pursue an appeal after the notice of appeal is filed, but before the respondent files any motion or brief, a notice of withdrawal of appeal must be filed with the district court, and the appeal cost bond will be returned to the posting party. If the respondent has filed a motion or brief, the appellant must obtain the consent of the respondent and submit a stipulation and order to dismiss the appeal that is signed by the respondent and that addresses the status of the bond, whether to be returned to the appellant or if it is awarded to the respondent for any incurred costs.
[Added; effective June 25, 2024.]
Rule 9.14. Return of bond. After the district court dismisses an appeal or affirms the decision of the justice or municipal court, the appeal cost bond will be returned to the justice or municipal court for disbursement in accordance with the rules of the particular court and applicable law. Upon the issuance of a remittitur returning jurisdiction to the justice or municipal court, any supersedeas bond posted shall be awarded to the respondent by the justice or municipal court.
[Added; effective June 25, 2024.]
Rule 9.15. Remand. When the district court remands an appeal to the justice or municipal court for additional findings or clarification, the appeal shall remain open, and the appeal cost bond posted shall be held by the district court until:
(a) A response is provided by the justice or municipal court;
(b) The lower court matter is dismissed and/or closed; or
(c) The appeal is withdrawn by the appellant, whichever occurs first.
The district court shall issue a supplemental order to address the award or return of the appeal cost bond and closure of the district court appeal case if the lower court matter is dismissed and/or closed, or if the appeal is withdrawn by the appellant, after issuance of remand.
[Added; effective June 25, 2024.]
Rule 9.16. Sealing of the record.
(a) In summary eviction appeals, if the district court reverses the decision of the justice or municipal court, the record shall be automatically sealed by the district court pursuant to NRS 40.2545.
(b) In all other civil appeals, the record will not be sealed unless upon stipulation approved by or motion granted by the district court.
[Added; effective June 25, 2024.]