[Rev. 6/29/2024 2:31:33 PM--2023]
RULES OF PRACTICE FOR THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
APPROVED BY THE SUPREME COURT OF NEVADA
Effective December 2, 2002 and Including Amendments Through September 29, 2023
ORDER
Pursuant to a petition filed August 9, 2002, by the Honorables Dan L. Papez and Steve L. Dobrescu, Judges of the Seventh Judicial District, Counties of White Pine, Eureka and Lincoln, State of Nevada, to revise the local rules governing practice in the Seventh Judicial District Court;
It Is Hereby Ordered that the Rules of Practice for the Seventh Judicial District Court of the State of Nevada be, and the same hereby are, adopted. The rules shall read as set forth in Exhibit A.
It Is Further Ordered that the Rules of Practice for the Seventh Judicial District Court of the State of Nevada shall become effective December 2, 2002. The rules shall govern all proceedings brought after that date and all further proceedings in actions pending on that date, unless in the opinion of the district court their application in a particular pending action would not be feasible or would work an injustice, in which event the former procedure applies.
It Is Further Ordered that the Rules of Practice for the Seventh Judicial District Court of the State of Nevada approved by this Court on March 28, 1993, are hereby superseded and repealed, effective December 1, 2002; and that the clerk of this court shall cause a notice of entry of this order to be published in the official publication of the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 this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendment.
Dated this 31st day of October, 2002.
BY THE COURT
A. William Maupin, Chief Justice
Cliff Young Miriam Shearing
Associate Justice Associate Justice
Deborah A. Agosti Robert E. Rose
Associate Justice Associate Justice
Myron E. Leavitt Nancy A. Becker
Associate Justice Associate Justice
RULES OF PRACTICE FOR THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
Rule 1. Applicability and citation of rules.
1. These rules shall be known and may be cited as the Seventh Judicial District Court Rules or 7JDCR.
2. The District Court Rules promulgated by the Nevada Supreme Court shall be applied whenever not inconsistent with these local rules. To the extent these local rules are inconsistent with the District Court Rules promulgated by the Nevada Supreme Court, these local rules shall be applied instead of the District Court Rules pursuant to D.C.R. 5.
3. Whenever it appears to the Court that a particular situation does not fall within these rules, or the literal application of a rule would work hardship or injustice, the Court shall make such order as the interests of justice require.
4. These rules may be supplemented by a “Standing Order Supplementing Local Rules” signed by all District Judges in the District. The Standing Order shall be posted in the office of the Court Clerk.
Rule 2. Organization of the Court.
1. The Seventh Judicial District consists of Department One and Department Two and is comprised of White Pine, Eureka and Lincoln Counties.
2. Unless previously disqualified, in the event of the absence or inability of a Judge, or when agreed by the Judges, either Judge may temporarily act in the Department of the other without specific assignment of the actions. Cases heard by a Judge pursuant to this paragraph remain in the Department originally assigned and are not automatically transferred.
3. All actions will be assigned to a Department by the Court Clerk in alternating order.
4. Cases will not be reassigned except upon good cause and order signed by both Judges, or upon disqualification or as otherwise provided by rule or law.
5. It is the intent of the Judges, to the extent reasonably possible, to implement a “One Family/One Judge” assignment of domestic relations cases and cases involving the same family or children. The Court Clerk and attorneys practicing within the District shall bring to the attention of the Judges, cases which might be transferred between Departments to accomplish this goal.
Rule 3. Law and motion calendar.
1. The law and motion calendar shall be called as follows:
White Pine County: Each Monday at 9:15 a.m.
Eureka County: The first and third Friday of each month at 10:00 a.m.
Lincoln County: The second and fourth Friday of each month at 10:00 a.m.
2. When a legal holiday occurs on Monday, the White Pine County law and motion calendar will be called on the next succeeding day that is not a legal holiday, unless otherwise ordered by the Court. When a legal holiday occurs on Friday, the Eureka and Lincoln County law and motion calendars will be vacated, unless otherwise ordered by the Court.
3. Except as allowed by the presiding Judge, no matter will be placed on the law and motion calendar unless the Court Clerk of the appropriate county and the judicial assistant are notified by:
White Pine County: 5:00 p.m. of the preceding Thursday.
Eureka County: 5:00 p.m. of the preceding Wednesday.
Lincoln County: 5:00 p.m. of the preceding Wednesday.
[As amended; effective January 1, 2020.]
Rule 4. Setting cases for trial or hearing.
1. Criminal trials shall be set in a manner prescribed by the Judge assigned to the case.
2. To set a civil matter for trial, a party shall first attempt to reach a stipulated calendar date for trial by contacting all parties and the judicial administrator for the assigned Department. Conference calls between the parties and the judicial administrator are encouraged. If the parties and judicial administrator agree to a trial date, the judicial administrator shall prepare an order for the Judge’s signature that includes the trial date, number of days set aside for trial, preference for a jury trial or bench trial, whether or not a court reporter has been requested and by whom, and a deadline for filing motions.
3. If a party is unable to obtain a stipulated calendar date for setting a civil trial, by contacting all parties and the judicial administrator, the party may file a “Motion to Set Trial” and have the matter heard on the Court’s law and motion civil calendar. The party shall provide written notice to all parties at least 21 days prior to the hearing date. The motion shall contain the following paragraph:
“The undersigned has attempted to reach a stipulated trial date in this matter with the other parties and the judicial administrator and has been unable to do so. Therefore, notice is hereby given that the undersigned shall appear before this Court on the law and motion calendar at p.m./a.m. on , the day of , 20__, for the purpose of having this Court set this matter for trial.”
At a hearing on the motion, the Court will hear arguments concerning the setting of the matter for trial, enter an appropriate order, and consider the assessment of attorney fees and costs against any party who failed to cooperate in calendaring a matter for trial without a hearing or who unreasonably refused to set a timely date for trial.
4. If a case has been set for trial and is subsequently settled, counsel for the parties shall immediately notify the judicial administrator. A file-stamped copy of all settlement agreements in civil cases and plea agreements in criminal cases shall be delivered, immediately upon filing, to the appropriate Judge’s chambers. Failure to immediately notify the Court of a settlement agreement, or misrepresenting that a settlement has been reached when one has not, is a significant violation of these rules and will subject an attorney to sanctions.
5. In civil cases, the parties shall cause to be issued an Order Setting Trial Date within 60 days following the filing of the first N.R.C.P. 16.1 Conference Report. If the parties fail to comply with this requirement, unless waived by the Court, the Court may set the case for trial at its own discretion or dismiss the case without prejudice.
6. The following matters, if uncontested, may be set by the judicial administrator on any law and motion day upon request by counsel:
(a) Default judgments.
(b) Divorces.
(c) Annulments.
(d) Terminations of parental rights.
(e) Adoptions.
(f) Name changes.
(g) Juvenile proceedings.
(h) Guardianships.
(i) Estate proceedings.
(j) Proceedings under the Uniform Reciprocal Enforcement of Support Act.
(k) Criminal arraignments, changes of plea, and sentencing.
(l) Other similar matters.
7. Counsel may not remove contested matters from the calendar by calling the Court Clerk or Judge’s chambers. All parties must stipulate, in writing, to vacate or continue a matter. If all parties do not stipulate in writing, a continuance may be requested by motion.
[As amended; effective January 1, 2020.]
Rule 5. Procedure in divorce cases.
1. An application or joint petition for divorce filed pursuant to NRS 125.123 or NRS 125.181 to 125.184, inclusive, shall be submitted to the court for consideration without hearing.
2. In addition to those matters described above, all contested divorces which are settled by the parties with all issues resolved, uncontested divorces and all annulments, may be submitted without hearing by agreement of the parties and with the approval of the court.
3. Affidavits in divorce cases shall comply with the requirements of N.R.C.P. 56(e).
4. Affidavits of residence witnesses shall state the affiant’s residence address and the length of time affiant has resided in this state. The affiant shall state:
(a) That the affiant is personally acquainted with the party to the action whose residence is being corroborated;
(b) The party’s residence address;
(c) The date from which the affiant knows that the party has resided at that address and the total length of time affiant knows that the party has resided in the State of Nevada. If the jurisdiction of the court is based upon the minimum legal residence, the affiant shall specify the days that the party has been physically present in Nevada.
[Added; effective May 28, 2003.]
Rule 5A. Default divorce and custody cases.
1. Affidavit required in default cases involving child custody.
Where a default judgment in an action involving minor children is sought, and the proposed judgment does not include or refer to a written custody and visitation agreement, the movant shall attach an affidavit which sets forth the following:
(a) Date the parties separated;
(b) Person with whom the child has been living with during the past 6 months;
(c) Extent of contact the child has had with both parents during the past 6 months;
(d) Where a party seeks to allow visitation, the affidavit shall specify a visitation schedule for the defaulting party and child;
(e) Where a party seeks to deny visitation between the child and defaulting party, the affidavit shall include the following:
(1) Specific factual reasons why visitation should be denied;
(2) Last time the defaulting party contacted or visited the child; and
(3) Last known address and whereabouts of the defaulting party.
(f) Where a party seeks supervised visitation between the child and defaulting party, the affidavit shall specify:
(1) Specific factual reasons why visitation should be supervised;
(2) When and where supervised visitation shall take place; and
(3) The person or agency who shall supervise visitation.
[As amended and renumbered; effective May 28, 2003.]
Rule 6. Submission of uncontested matters. Any uncontested matter which does not require a prove up hearing may be submitted to the court in chambers. The court, in its discretion, may require a hearing on any uncontested matter.
[As amended; effective May 28, 2003.]
1. This rule applies to all motions of a contested nature, both criminal and civil.
2. This rule does not apply to ex parte motions or to proposed orders stipulated to by all parties, which may be presented in chambers.
3. Except by leave of Court, first obtained, all motions for summary judgment must be filed at least 30 days prior to the first day of trial.
4. Any affidavit filed pursuant to this rule shall contain only factual, evidentiary matter, conform with the requirements of N.R.C.P. 56 and avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be disregarded or stricken, wholly or in part.
5. All motions shall contain a brief statement particularly describing the relief sought. The motion shall include, or be filed simultaneously with, the following:
(a) Memorandum of “Points and Authorities” in support of the motion.
(b) “Notice of Motion,” which shall include one of the following two alternatives:
(1) “A hearing on this motion is not requested”; or
(2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that hours should be set aside for the hearing on this motion.” A court reporter is not provided by the Court for civil actions. The parties in civil actions must arrange for the presence and payment of a court reporter.
(c) Proof of service of the motion and all supporting documents.
6. Within 14 days after service of the motion, the opposing party shall serve and file a written opposition. Each opposition shall contain a brief statement describing the extent to which the relief sought by the moving party is contested. Unless the entire relief sought is contested, the opposing party shall particularly delineate which portions of the relief sought in the motion are being contested. The opposition shall include, or shall be filed simultaneously with, the following:
(a) Memorandum of “Points and Authorities in Opposition to the Motion.”
(b) “Notice of Opposition,” which shall include one of the following two alternatives:
(1) “A hearing on this motion is not requested”; or
(2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that hours should be set aside for the hearing on this motion.”
(c) Proof of service of the opposition and all supporting documents.
7. All motions and oppositions shall be accompanied by affidavits in support of any factual contentions made in the motions or oppositions. The absence of a memorandum of Points and Authorities in support of the motion or in opposition may be construed by the Court as an admission that the motion or opposition is not meritorious and is cause for granting or denying the motion.
8. Counsel may extend the time for filing an opposition, without an order from the Court, by filing a written stipulation.
9. The moving party may serve and file a reply Points and Authorities within 5 days after service of the answering Points and Authorities.
10. The Judge may be unaware of the existence of a motion until the filing of a “Request for Review.” Any party may file a “Request for Review” whenever a motion is at issue. When a party files a “Request for Review,” the Court Clerk shall deliver that file to the Judge’s chambers for consideration of the motion.
11. A decision shall be rendered without hearing unless oral argument or an evidentiary hearing is ordered by the Court, in which event the Court will issue an order setting a date and time for a hearing.
12. Proposed orders shall accompany the motion and opposition.
13. A courtesy copy of all motions and oppositions shall be provided to the Judge’s chambers by counsel when the original is filed.
14. Except in extraordinary circumstances, all motions in limine or other motions seeking a ruling on the admissibility of evidence shall be filed and served at least 15 days prior to the first day of trial.
[As amended; effective January 1, 2020.]
Rule 8. Motions for temporary fees and allowances.
1. A motion for temporary fees and allowances shall be accompanied by an affidavit describing the financial condition and needs of the movant. The affidavit may be prepared on a form approved by the Court or the movant may file a separately prepared affidavit containing substantially similar information. Absence of an affidavit of financial condition may be construed as an admission that the motion is not meritorious and may be cause for denial.
2. Each response to a motion for temporary fees and allowances shall include an affidavit of financial condition. Failure to serve and file a written declaration of financial condition may be construed by the Court as an admission that the motion is meritorious and consent to grant such relief as may be just.
3. An affidavit of financial condition may not be filed in open court.
Rule 9. Trial statements; settlement conference.
1. At least 10 days prior to a civil trial, counsel for all parties shall meet or discuss by telephone, and stipulate to as many facts and issues as possible, or state why they cannot do so. A certification that this rule has been complied with shall be annexed to the trial statement and made a part thereof.
2. At least 7 days prior to a civil trial, each party shall file and serve on all other parties a trial statement that sets forth the following matters in the following order:
(a) Concise statement of the claimed facts that supports the party’s claims or defenses.
(b) Statement of admitted or undisputed facts.
(c) Statement of issues of law supported by a memorandum of Points and Authorities.
(d) In nonjury cases, a list of summaries or schedules referring to:
(1) Attached itemized exhibits concerning any subject matter that involves accounting, computation, chronology, or similar detailed data reasonably called for orderly itemization (e.g., wages, income, expenses, inventories, business operations, tax computations, disability periods, property losses, and itemizations of claimed losses or injuries);
(2) Data and reasons upon which an expert bases his or her opinion (not the opinion itself) that clearly reflect the claims, defenses, or offers of proof of the party in such respects; and
(3) Reference to records or other sources upon which summaries or schedules are based.
(e) Names and addresses of all witnesses, except impeaching witnesses.
(f) List of special questions requested to be propounded to prospective jurors.
(g) Any other appropriate comment, suggestion, or information that may assist the Court in the trial or disposition of the case.
(h) Any other information required by the Court.
(i) List of exhibits that the parties have stipulated to be admitted.
(j) List of exhibits offered by the opposing party that are objected to and the reasons for the objections.
(k) List of any pending motions that have not been resolved.
3. In a contested domestic relations case, the parties shall complete, file with the Court, and serve on the opposing party a current financial declaration no later than 5 days prior to the date set for a trial or hearing.
4. At the request of Court or counsel, the Court may order a settlement conference.
[As amended; effective January 1, 2020.]
1. Unless otherwise ordered by the Court, standard jury instructions in criminal cases will be provided by the Court.
2. In civil cases, counsel for the parties shall meet and stipulate to a set of standard instructions which the Plaintiff will then submit to the Court no later than 5 judicial days prior to trial.
3. Proposed special instructions shall be delivered to the Judge and opposing counsel at least 2 judicial days prior to trial.
4. All proposed special instructions shall be in legible type on 8 1/2 by 11 inch heavy white paper, not lighter than 16 pound weight, with a black border and no less than 24 numbered lines.
5. The designation “Instruction No. ____” shall be located at the top center of each page.
6. All special instructions shall be accompanied by a duplicate instruction which cites to authority. The citation shall be located in the lower left corner of each page.
7. Counsel should be prepared to settle jury instructions immediately following the completion of the taking of evidence.
Rule 11. Voir dire examination.
1. The Judge shall conduct the voir dire examination of potential jurors. Proposed voir dire questions requested by the parties or their attorneys must be submitted to the Judge’s chambers not less than 5 days prior to trial. Upon request, the Judge may permit counsel to supplement the judge’s examination with oral and direct questioning of prospective jurors. The scope of additional questions or supplemental examination must remain within reasonable limits prescribed by the Judge.
2. 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 relating to anticipated instructions on the law.
(c) Questions relating to the verdict a juror would return based upon hypothetical facts.
(d) Questions which are in substance arguments of the case.
(e) Questions which are not directly related to the qualifications of a juror.
Rule 12. Exhibits and contested evidence.
1. Prior to a trial or hearing, counsel for the parties shall meet or discuss by telephone, and stipulate to the admission of as many exhibits as possible. Such stipulation will avoid the need for foundational witnesses.
2. All proposed exhibits shall be presented to the Court Clerk to be marked at least 1 judicial day prior to a trial or hearing.
3. Copies of proposed exhibits shall be furnished to the opposing party before a trial or hearing commences. This rule does not relieve a party of the duty to provide discovery under any other rule or statute.
4. Counsel are encouraged to raise contested issues by motions in limine prior to trial. All issues regarding the admissibility of statements by a defendant in a criminal case, or prior bad acts of a party or witness shall be raised by motion prior to trial.
[As amended; effective May 28, 2003.]
Rule 13. Ex parte orders. Ex parte orders are disfavored and counsel are encouraged to move with notice whenever possible.
Rule 14. Documents of the court; pleading requirements. All proposed findings, conclusions of law, judgments and decrees, orders affecting the title to or creating or affecting a lien upon real or personal property, appealable orders, and such other orders as the Court may direct shall be prepared in writing by the attorney for the prevailing party, embody the Court’s decision, where applicable, and incorporate the decision by reference, unless the Court otherwise orders. Counsel for the prevailing party shall, within 10 days of the Court’s order, serve a copy of the proposed document upon counsel for all parties who have appeared and are affected by the order. Any objection to the form or substance of any document, or a motion to amend it, shall be filed within 5 days after service on opposing counsel of the proposed findings and judgments. If no objection or motion to amend is filed with the Court, counsel shall then submit the proposed document to the Court.
Rule 15. Settlements in jury trials. A civil case in which a jury has been summoned may only be settled if one or more of the parties involved reimburse the county for all expenses incurred in summoning and securing the attendance of prospective jurors up to the date of settlement.
Rule 16. Filing of faxed documents.
1. No document may be filed by direct faxing to the Court Clerk.
2. A faxed document, including any signature page, may be presented to the Court Clerk for filing, in lieu of the original, if the document:
(a) Is submitted to the Clerk either in person or by mail;
(b) Is presented on plain paper;
(c) Is clearly legible in its entirety; and
(d) Otherwise complies with all applicable requirements, including payment of any filing fees.
3. The party filing a faxed document shall preserve the original until the completion of the case.
Rule 17. Sanctions for noncompliance. If a party or an attorney fails and/or refuses to comply with these rules, the Nevada Rules of Civil Procedure, the District Court Rules, the Supreme Court Rules, or any other requirement of Nevada law, the Court may, after notice and an opportunity to be heard, make such orders and impose such sanctions as are just, including, but without limitation, the following:
1. Hold the disobedient party or attorney in contempt of court.
2. Continue a hearing or trial until the disobedient party or attorney has complied with the requirements imposed and require the disobedient party to pay the opposing party’s expenses incurred to prepare for and attend the hearing or trial, including, but not limited to, reasonable attorneys’ fees and witness fees.
3. Refuse to allow the disobedient party or attorney to support or oppose designated claims or defenses, or prohibit the introduction into evidence of designated documents or things or items of testimony.
4. Set the case for immediate trial.
Rule 18. Notice of diversion program. In any criminal case in which a defendant intends to enroll in a diversion program and to request that the proceedings be suspended and/or no formal judgment be entered, counsel for defendant shall, as soon as practicable, file and serve notice on the prosecutor’s office. If a diversion program is sought, said notice shall provide specific information regarding the program. Copies of supporting documents or other relevant information shall be attached to said notice.
[Added; effective May 28, 2003.]
Rule 19. Application for Special Court. In any criminal case in which a defendant seeks admission to a specialty court, counsel for the defendant shall, as soon as practicable, confer with the prosecutor’s office regarding the matter. Counsel for the defendant shall then file a petition seeking admission to the specialty court and serve a copy of the petition on the prosecutor’s office. Said petition shall indicate whether the prosecutor’s office agrees to or opposes the application.
[Added; effective June 4, 2010.]
Rule 20. Business matters. “Business matters” shall be 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.
Any of the following where the amount in controversy is $10,000 or more, excluding costs, fees, interest, and/or punitive damages:
(i) Claims or cases arising under the Uniform Commercial Code, or in which the Code will apply:
(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;
(iv) Business franchise transactions and relationships; or
(v) All other business-related transactions and/or relationships.
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 (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.
In the event an action is not filed as a business matter, the court may, after giving notice to all parties, designate the action as a business matter and order that the filing fee/answer/appearance/fee for a business matter be tendered to the Clerk of the Court within thirty (30) days.
[Added; effective June 4, 2010.]
Rule 21. Complex Litigation. Complex litigation means:
Potentially difficult or protracted action that may involve complex issues, multiple parties, difficult legal issues or unusual proof problems. In the event an action is not filed as a complex litigation, the court may, after giving notice to all parties, designate the action as a complex litigation and order that the filing fee/answer/appearance/fee for complex litigation be tendered to the Clerk of the Court within thirty (30) days.
[Added; effective June 4, 2010.]
Rule 22. Review of Recommendations by Juvenile Court Masters. In the event a person entitled to notice pursuant to NRS 62B.030 objects to recommendations or findings of fact by the juvenile master, or requests a hearing de novo, he/she shall file, not later than five (5) days after the master provides written notice of his recommendations, an objection and/or request which specifically and concisely details his/her objection, and specifies the part of the recommendations he/she finds erroneous, and the ultimate relief requested. The judge shall, after reviewing a transcript or audio recording of the proceeding:
(a) Approve the master’s recommendations, in whole or in part, and order the recommended disposition;
(b) Reject the master’s recommendations, in whole or in part, and order such relief as may be appropriate; or
(c) Set the matter for a hearing de novo.
[Added; effective June 4, 2010.]