[Rev. 6/29/2024 2:28:28 PM--2023]

LOCAL RULES OF PRACTICE FOR THE JUSTICE COURT OF PAHRUMP TOWNSHIP

 

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APPROVED BY THE SUPREME COURT OF NEVADA

 

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Effective June 25, 2020

and Including

Amendments Through September 29, 2023

 

 

 

      Rule 1.  Title.  These rules may be known and cited as the Justice Court Rules of Pahrump Township, or may be abbreviated JCRPT.

      [Added; effective June 25, 2020.]

      Rule 1.5.  Scope.  The Pahrump Justice Court hereby adopts the Rural Justice Court Rules (RJCR), to the extent that the RJCR are not inconsistent with JCRPT.

      [Added; effective June 25, 2020.]

      Rule 2.  Courtroom conduct and attire.

      (a) Proceedings in court should be conducted with dignity and decorum. All able-bodied attorneys must stand when addressing the court and while the court is addressing counsel.

      (b) All persons appearing in open court must wear proper attire and may not be dressed in shorts or tank tops. All male attorneys must wear full-length trousers, coat, and tie; all female attorneys must wear suitable dresses, with the hem of the skirt/dress extending to the knee or below, or pantsuits. During the summer months, May 1 through September 30 of each year, male attorneys shall not be required to wear a coat and tie.

      (c) No weapons of any kind are permitted in the courtroom unless the court has given an individual permission, and no food or beverages are permitted. Phones and electronic devices must be turned off or in silent mode. Hats and sunglasses are to be removed by all persons entering the courtroom unless there is a valid medical reason to wear these items in the courtroom. All persons and packages in the courtroom are subject to being searched.

      (d) Court proceedings shall not be recorded unless the court has given written permission to record proceedings in advance.

      [Added; effective June 25, 2020.]

      Rule 3.  Time.  In computing any period of time prescribed or allowed by these rules, the provisions of the Justice Court Rules of Civil Procedure (JCRCP) 6 shall be controlling.

      [Added; effective June 25, 2020.]

      Rule 4.  Use and construction of the rules.

      (a) Whenever the judge who will try the case, upon motion of a party, or upon the judge’s own motion, determines that a case should not follow regular procedures according to these rules, the judge may make such orders as deemed advisable for all subsequent proceedings.

      (b) These rules shall 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 by the court.

      [Added; effective June 25, 2020.]

      Rule 5.  Effective date.  Each of these rules shall become effective upon approval by the Nevada Supreme Court, but this shall not affect any proper action taken prior to the effective date of a given rule.

      [Added; effective June 25, 2020.]

      Rule 6.  Customer service hours.  All matters shall be set in the office of the clerk of the court where the case is filed. The office shall be open for that purpose from 8 a.m. to 12 p.m. and 1 p.m. to 4 p.m., Monday through Friday, with the following exceptions:

      (a) The court will be closed on nonjudicial days; and

      (b) The court may permanently alter the hours listed in this rule, and the court may also temporarily close customer service windows for specific periods of 4 hours or less in order to train staff, reduce backlogs, or serve other purposes deemed necessary by the court. A permanent change of customer service hours or closure under this subsection must:

             (1) Allow for documents to be file-stamped and received at drop boxes or other locations defined by the court; and

             (2) Be preceded by two weeks of conspicuous written notice in the customer service lobby.

      [Added; effective June 25, 2020.]

      Rule 7.  Reports of clerk to judge.  The Justices of the Peace shall require the clerk of the court to keep a record of all matters filed and to periodically provide the judges with a full report to this effect.

      [Added; effective June 25, 2020.]

      Rule 8.  Bail bonds.  The court will not accept a bail bond or other security if the bond or other security has a limited term. Bonding agents must provide proof of a current Power of Attorney which has been filed with the county clerk’s office.

      [Added; effective June 25, 2020.]

      Rule 9.  Waiver of defendant’s presence.  In all criminal proceedings, the defendant’s presence is required at the arraignment hearing, entry of plea, trial, and sentencing unless the court has waived the defendant’s presence for a particular hearing. Good cause must be shown for all waivers. Waivers are not favored in matters wherein the defendant is charged with an alcohol- or drug-related offense; in cases alleging domestic battery; in cases alleging resisting, evading, delaying, or battery upon a peace officer; or in cases wherein the defendant is accused of a felony or gross misdemeanor.

      [Added; effective June 25, 2020.]

      Rule 10.  Appearance by communication equipment; electronic coverage of court proceedings.  The court adopts Supreme Court Rules (SCR) 229-246 (Rules on Electronic Coverage of Court Proceedings), SCR Part IX-A (Rules Governing Appearance by Telephone Transmission Equipment for Criminal Proceedings; Rules Governing Appearance by Simultaneous Audiovisual Transmission Equipment for Criminal Proceedings), and SCR Part IX-B (Rules Governing Appearance by Telephonic Transmission Equipment for Civil and Family Court Proceedings; Rules Governing Appearance by Simultaneous Audiovisual Transmission Equipment for Civil and Family Court Proceedings).

      [Added; effective June 25, 2020.]

      Rule 11.  Interpreters or other special needs.  In both civil and criminal matters where a litigant is not represented by counsel, if the court determines that a litigant or witness requires the assistance of an interpreter or other special need, the court shall arrange for the appearance of a certified interpreter or make provision for special needs, and the court shall be responsible for the cost associated with the interpreter or special need. If an attorney represents a litigant or has knowledge of a witness that requires assistance of an interpreter or other special need, it is the attorney’s responsibility to contact the court to ensure that an interpreter has been arranged for all justice court proceedings. The attorney must submit a written request for interpreter or other special need to the court at least 10 days prior to the court appearance. The court is responsible for notifying the interpreter if there is a change in the court’s schedule to avoid unnecessary charges.

      [Added; effective June 25, 2020.]

      Rule 12.  Affidavits on reductions and dismissals.  If the prosecutor files a complaint charging a defendant with “Battery Which Constitutes Domestic Violence” in violation of Nevada Revised Statute (NRS) 33.018, or “Driving Under the Influence” in violation of NRS 484C.110 through 484C.130, inclusive, and the charge is dismissed or amended to a lesser charge, the prosecuting attorney shall dismiss or reduce the charge in writing, and dismissal or reduction shall be accompanied by a written affidavit signed by the prosecutor that states that the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial, as required under NRS 200.485(10) and NRS 484C.420(1).

      [Added; effective June 25, 2020.]

      Rule 13.  Acceptance of pleadings by counsel.  Any pleading submitted by an attorney for filing in a case on a party’s behalf will only be accepted if the attorney is counsel of record for the party on whose behalf of the attorney is filing. If a party is represented by a new attorney, a substitution of counsel must be signed by the party, the former attorney, and the substituting attorney and must be filed with the court before any pleadings submitted by new counsel are accepted for filing in this court. If an attorney has been retained by a party and no other attorney has appeared on that party’s behalf in a matter, a notice of appearance or designation of counsel must be filed with this court before any pleadings submitted by that attorney are accepted for filing in this court. Any pleadings submitted by an attorney that has not filed a substitution or written appearance on a party’s behalf will not be accepted for filing.

      [Added; effective June 25, 2020.]

      Rule 14.  Extension or shortening of time.

      (a) All motions for extensions of time shall be made upon 5 days’ notice to all parties. Such motion shall be made to the judge who is to try the case.

      (b) Except as provided in this rule, and except as otherwise provided in JCRCP 4(i), no ex parte application for extension of time will be granted. Upon presentation of a motion for extension, if a satisfactory showing is made to the judge that a good-faith effort has been made to notify the opposing party of the motion, and the judge finds good cause therefor, the judge may order ex parte a temporary extension pending a determination of the motion.

      (c) For good cause shown, the judge who is to try the case, or if the judge is not in the courthouse during regular judicial hours, a different justice of the peace, may make an ex parte order shortening time upon a satisfactory showing to the judge that a good-faith effort has been made to notify the opposing party of the motion.

      [Added; effective June 25, 2020.]

      Rule 15.  Trial, hearing of cause, proceeding, motion entered into by one judge prevents action by another judge unless requested; only judge having charge of cause may grant further time to plead, act.

      (a) When any justice of the peace or justice of the peace pro tempore has begun the trial or hearing of any case, proceeding, or motion, or made any ruling, order, or decision therein, no other judge or justice of the peace pro tempore in a different department shall do any act or thing in or about such cause, proceeding, or motion, unless upon the request of the judge who shall have first entered upon the trial or hearing of such case, proceeding, or motion unless:

             (1) Upon the request of the justice of the peace or justice of the peace pro tempore who shall have first entered upon the trial or hearing of such cause, proceeding, or motion; or

             (2) Upon the formal retracking or reassignment of the case to a different department.

      (b) Subject to RJCR 9 and Rule 14 of these rules, no judge except a judge of the township where the cause or proceeding is pending shall grant further time to plead, move, or do any act or thing required to be done in any cause or proceeding unless:

             (1) The judge is absent or from other cause is unavailable to act; or

             (2) Another judge or justice of the peace pro tempore has been requested to act by the judge having charge of the cause.

      [Added; effective June 25, 2020.]

      Rule 16.  Appearances in proper person.  Unless appearing by an attorney regularly admitted to practice law in Nevada and in good standing, no entry of appearance or subsequent document purporting to be signed by any party to an action shall be recognized or given any force or effect unless the same shall be notarized, or signed with an unsworn declaration pursuant to NRS 53.045, by the party signing the same. Corporations and limited liability corporations shall be represented by an attorney.

      [Added; effective June 25, 2020.]

      Rule 17.  Preparation of findings, conclusions, and judgment.  In a civil case, where a judge directs an attorney to prepare findings of fact, conclusions of law, and judgment, the attorney shall serve a copy of the proposed document upon counsel for all parties who have appeared, or upon the party if a party has appeared in proper person at the trial. No earlier than 5 days after service, the attorney shall submit the same to the court for signature, together with proof of such service.

      [Added; effective June 25, 2020.]

      Rule 18.  Interrogatories and admissions.

      (a) Answers and objections to interrogatories pursuant to JCRCP 33 shall identify and quote each interrogatory in full immediately preceding the statement of any answer or objection thereto.

      (b) Denials of, and objections to, requests for admissions pursuant to JCRCP 36, requests for production of documents, and applications for protective orders shall identify and quote each request for admission, interrogatory question, or demand in full immediately preceding the statement of any answer or objection thereto.

      [Added; effective June 25, 2020.]

      Rule 19.  Subpoenas.  Either the judge or the deputy clerks may issue subpoenas in a civil proceeding in accordance with JCRCP 45(a). The deputy clerks shall not issue a subpoena in any criminal proceeding.

      [Added; effective June 25, 2020.]

      Rule 20.  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 shall withhold or delay the filing of any such order, judgment, or decree for any reason, including the nonpayment of attorney fees.

      [Added; effective June 25, 2020.]

      Rule 21.  Assignment of criminal cases.

      (a) Subject to the provisions of this rule, all criminal cases with defendants whose last names begin with letters A through K shall be assigned to Department A, and all criminal cases with defendants whose last names begin with letters L through Z shall be assigned to Department B. If multiple defendants are named in a complaint, the case shall be assigned according to the last name of the first-named defendant listed on the complaint.

      (b) If a justice of the peace has recused himself or herself or has been disqualified, the case will be assigned to the other justice of the peace. If both justices of the peace for Pahrump Township have recused themselves or been disqualified, the case will be assigned to a visiting justice of the peace.

      (c) When the transfer of a case to another department is necessary, it shall be the primary responsibility of the transferring judge and his or her staff to arrange the transfer to the other department.

      [Added; effective June 25, 2020.]

      Rule 22.  Setting cases for trial.

      (a) Except as otherwise provided in Rule 27, all cases shall be set for trial within 12 months of the date that the trial setting occurs, unless otherwise ordered by the trial court.

      (b) Cases can be set for trial via telephone conference or any other convenient method.

      (c) All disputes concerning calendar settings shall be resolved by each judicial department.

      (d) Applications for trial setting shall be made on a form provided by the applicant designated “Request for Trial Setting.” It shall be the responsibility of the applicant to produce an original and the necessary copies of the “Request for Trial Setting” form on which the court department shall endorse the date and time of such setting. The applicant shall file the original and serve a copy upon the other party. The “Request for Trial Setting” will be set for hearing, at which time the court will set a future trial date.

      (e) Once set, a case may be removed from the calendar only with the consent of the trial judge.

      (f) When a trial judge signs an order in chambers setting forth a calendar date, a copy of said order shall be delivered to the individual responsible for calendaring cases in each court department.

      [Added; effective June 25, 2020.]

      Rule 23.  Notices of motion and chambers calendars.

      (a) Except as otherwise provided by statute or court rule, all motions must contain a notice of motion setting the same for hearing on a day when the judge to whom the case is assigned is hearing motions and not less than 21 days from the date the motion is served and filed. The notice of motion must be substantially in the following form:

 

NOTICE OF MOTION

 

TO: Nonmoving Party

      YOU AND EACH OF YOU will take notice that on the ______ day of _____________________, 2_____, at the hour of ____ __m., of said day, the above motion will be heard in

 

[The following notice must appear in bold print and capital lettering.]

 

NOTICE:

YOU ARE REQUIRED TO FILE WITH THE COURT AND SERVE ON THE MOVING PARTY A WRITTEN “OPPOSITION” TO THIS MOTION WITHIN 10 JUDICIAL DAYS. YOUR FAILURE TO FILE AND SERVE A WRITTEN OPPOSITION MAY BE UNDERSTOOD AS AN ADMISSION THAT THE MOTION IS VALID, AND MAY RESULT IN THE COURT GRANTING THE RELIEF REQUESTED IN THE MOTION AGAINST YOU.

 

[If the motion is a motion for summary judgment, the following additional notice must also appear in bold print and capital letters as set forth below.]

 

NOTICE TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY JUDGMENT:

 

The other party in this case has moved for summary judgment pursuant to Rule 56 of the Justice Court Rules of Civil Procedure. This means that the moving party has asked the court to decide this case without a trial, based on written materials, including affidavits and unsworn declarations, submitted in support of the motion. IF YOU DO NOT TIMELY RESPOND TO THE MOTION BY FILING AFFIDAVITS OR UNSWORN DECLARATIONS AS REQUIRED BY RULE 56 OF THE JUSTICE COURT RULES OF CIVIL PROCEDURE, THE COURT MAY ENTER A JUDGMENT AGAINST YOU AND IN FAVOR OF THE MOVING PARTY WITHOUT A TRIAL.

 

Submitted by:

 

Name

Bar Number

Address

City, State, Zip Code

Telephone Number

Attorney for:

 

      (b) When a motion that has been designated to be heard in chambers is filed, the civil division clerk must complete the notice of motion section with the time/date set for decision. The clerk must additionally stamp the location of the hearing as being in “chambers—without oral argument.”

      (c) If the time to oppose a motion has passed and no opposition has been filed, counsel for the moving party may submit to the clerk’s office a proposed order granting the motion. The judge may then review the proposed order and may render a decision or abstain from ruling on the motion until a hearing has been conducted.

      (d) If after reviewing the motion that has been designated to be heard in chambers a judge chooses to set the matter for oral argument, the courtroom clerk for that judge may generate notices of hearing from the case management system, or in the alternative, such cases may be returned to the appropriate division to be set for hearing.

      [Added; effective June 25, 2020.]

      Rule 24.  Trial memoranda.

      (a) When all parties are represented by counsel, the designated trial attorneys for all of the parties must meet together, prior to any final pretrial conference, 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 Nye 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. Unless otherwise ordered by the court, 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 an agreement cannot be reached, a pretrial memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each pretrial memorandum must be delivered to the court at the time of filing.

      (b) When not all parties are represented by counsel:

             (1) Any party may elect to file a pretrial memorandum to assist the court; and

             (2) A party must file a pretrial memorandum if ordered by the court to do so.

      (c) A pretrial memorandum under this rule must be as concise as possible and must include in numerical order the following items:

             (1) If applicable, the date that the conference between the parties under subsection (a) was held and the persons present.

             (2) A concise statement of the claimed facts supporting the party’s claims or defenses. Such facts shall be organized by listing each essential element of the claim or defense and separately stating the facts in support of each such element. Admitted or undisputed facts must also be stated separately.

             (3) 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.

             (4) A list of affirmative defenses.

             (5) A list of all claims or defenses to be abandoned.

             (6) 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.

             (7) Any agreements as to the limitation or exclusion of evidence.

             (8) 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.

             (9) 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.

             (10) An estimate of the time required for trial.

             (11) In nonjury cases, a list of summaries of schedules referring to attached, itemized exhibits concerning any subject matter that involves accounting, computation, chronology, or similar data reasonably calling for orderly itemization, e.g., wages, income, expenses, inventories, business operations, tax computations, disability periods, property losses, itemizations of claimed losses or injuries, and the data and reasons upon which an expert bases his or her opinion (not the opinion itself) that clearly reflect the claims, defenses, or evidence of the party, together with references to the records or other sources upon which such summaries or schedules are based.

             (12) Certification by counsel that discovery has been completed, unless late discovery has been agreed to by all parties or allowed by order of the court.

             (13) Certification by counsel that, prior to the filing of the pretrial memorandum, they have personally met and conferred in good faith to resolve the case by settlement.

             (14) All motions in limine to exclude or admit evidence must be in writing and filed no later than 30 days prior to trial. The court may refuse to consider any oral motion in limine and any motion in limine that is not timely filed.

             (15) Any other matter that counsel or a party desires to bring to the attention of the court prior to trial.

      (d) The above requirements are in addition to the requirements mandated of counsel by JCRCP 16.1.

      (e) In cases to be tried before a jury, the memoranda set forth in JCRCP 39A shall be used in lieu of a pretrial memorandum.

      (f) Unless otherwise ordered by the court, an attorney may also elect to submit to the court in any civil case a separate trial memoranda of points and authorities prior to the commencement of trial by delivering one unfiled copy to the court, without serving opposing parties or filing the same. The original trial memoranda of points and authorities must be filed and a copy must be served upon opposing parties at or before the close of trial by the filing party or attorney.

      [Added; effective June 25, 2020.]

      Rule 25.  Pretrial conferences.

      (a) The trial judge may require a pretrial conference upon the judge’s own motion or upon motion made by either party prior to trial.

      (b) During a pretrial conference, the court may consider the following subjects:

             (1) Use of depositions at trial in lieu of live testimony;

             (2) Time required for trial;

             (3) Alternate methods of dispute resolution;

             (4) Readiness of case for trial; and

             (5) Any other matters.

      (c) Pretrial conferences may include settlement negotiations as provided in Rule 25.5.

      (d) All parties are required to participate in good faith in any scheduled pretrial conference.

      (e) 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.

      (f) In any action, the court may in its discretion also direct the attorneys for the parties to appear before it at any time for a conference to address the status of pretrial issues under JCRCP 16 and JCRCP 16.1.

      [Added; effective June 25, 2020.]

      Rule 25.5.  Settlement conferences.

      (a) In cases involving either bench trials or jury trials, a settlement conference may be held before the trial judge if the trial judge and all parties agree. Otherwise, a settlement conference shall be set before a judge other than the trial judge.

      (b) All parties are required to participate in good faith in any scheduled settlement conference and to send an authorized representative to the conference who has authority to negotiate and settle the case.

      [Added; effective June 25, 2020.]

      Rule 26.  Jury instructions.

      (a) All proposed jury instructions shall be in clear, legible type on clean, white, heavy paper, 8.5 x 11 inches in size, and not lighter than 16-lb. weight with a black border line and no less than 24 numbered lines.

      (b) The designation “Instruction No. ____” shall be near the lower right-hand corner of the page.

      (c) The original instructions shall not bear any markings identifying the attorney submitting the same and shall not contain any citations of authority, except that such instructions may bear the numerical reference to Nevada Pattern Civil Jury Instructions. No portion thereof shall be in capital letters, underlined, or otherwise emphasized.

      (d) Authorities for any instruction must be separate from the original instructions and attached to the original instructions by paper clip, binder clip, or otherwise.

      (e) Any rejected instructions (i.e., submitted to the judge, but not delivered to the jury) shall be made a part of the case file as having been proposed.

      (f) Proposed jury instructions shall be submitted to the court by delivering the original to the judge’s chambers no later than 3 p.m. at least 10 judicial days before trial. Proposed jury instructions shall be personally served upon counsel for the opposing party, if counsel for the opposing party maintains an office in Pahrump Township, on the same day that they are submitted to the court; otherwise, counsel for the opposing party shall be served on the first day of trial. A judge may order jury instructions to be submitted to the court at any other time. Nonstock instructions may be submitted at the close of evidence if the evidence so warrants.

      (g) Plaintiff’s attorney shall prepare the stock instructions.

      (h) Jury instructions shall comply in all other respects with JCRCP 51.

      [Added; effective June 25, 2020.]

      Rule 27.  Jury trials.  Upon the filing of a written demand for a jury trial in a civil case, or the setting of a criminal jury trial for domestic battery, a scheduling order setting forth the applicable deadlines in the case shall be issued at the same time the order setting jury trial is issued and filed.

      [Added; effective June 25, 2020.]

      Rule 28.  Copies of filed papers to all parties.  In both criminal and civil cases, it is the responsibility of the submitting party to ensure that copies of all filed papers are served upon all opposing parties.

      [Added; effective June 25, 2020.]

      Rule 29.  Claim of exempt property.  A claim that property is exempt from execution or attachment shall be presented to the court by affidavit or unsworn declaration filed and served in the action out of which the writ of execution or attachment issued. The affidavit or unsworn declaration may be accompanied by all documents relied upon by the party claiming the exemption. Such affidavits or unsworn declarations shall be handled as are motions under these rules, except that, on good cause shown, the time for submission or argument regarding the affidavit or unsworn declaration may be shortened.

      [Added; effective June 25, 2020.]

      Rule 30.  Ex parte motions and orders.  A proposed order shall accompany all ex parte applications and motions. No proposed ex parte order shall be presented to a judge for signing before the case has been filed with the filing office, given a case number, and assigned to a department.

      A party in a criminal proceeding may submit an ex parte application to place a matter on calendar for issues that do not pertain to the merits of the criminal prosecution. The court will provide notice of the hearing to the opposing party.

      Unless otherwise permitted by statute or court rule, in both criminal and civil cases, a party may not submit an ex parte motion or application without providing notice to the opposing party.

      [Added; effective June 25, 2020.]

      Rule 31.  Sanctions for noncompliance.

      (a) All attorneys and parties appearing in this court must comply with the following rules:

             (1) All attorneys and parties must attend and be prepared to conduct preliminary hearings, bench and jury trials, and evidentiary hearings at the designated time and date, unless the court has previously waived counsel or a party’s appearance or the court has approved, prior to the designated date and time of the hearing, the parties’ stipulation that evidence will not be admitted at the time of the preliminary hearing, bench or jury trial, or evidentiary hearing; and

             (2) All attorneys must promptly and diligently communicate with necessary individuals (i.e., opposing counsel, clients, or victims) to resolve or negotiate cases prior to the designated date and time of a preliminary hearing, bench trial, jury trial, or evidentiary hearing, to minimize or avoid unnecessary expenses and costs.

      (b) If a party or an attorney fails or refuses to comply with these rules, the court may make such orders and impose such sanctions as are just, including but not limited to the following:

             (1) Holding the noncompliant party or attorney in contempt of court;

             (2) Continuing any hearing until the noncompliant party or attorney has complied with the requirements imposed;

             (3) Requiring the disobedient party to pay the other party’s expenses, including reasonable attorney fees and costs;

             (4) Requiring the noncompliant party to pay reasonable witness fees, juror fees, and travel expenses;

             (5) Requiring the noncompliant party to pay court reporter fees; and

             (6) Entering any order authorized by JCRCP 37.

      [Added; effective June 25, 2020.]

      Rule 32.  Orders for issuance of warrants and writs.

      (a) Civil bench warrants, writs of restitution, and writs of possession must be accompanied by an order for issuance.

      (b) A civil bench warrant must contain an expiration date set by the court.

      (c) When a person is taken into custody on a civil bench warrant, the following rules apply:

             (1) If the person posts a bond to secure his or her release, the person must be given a date and time to return to court as part of the release process; and

             (2) If the person does not post bond to secure his or her release, the person must be scheduled for a court hearing within 1 judicial day.

      [Added; effective June 25, 2020.]

      Rule 33.  Default judgment.

      (a) An application for a judgment by default, irrespective of the amount of the proposed judgment, must be made upon affidavit or unsworn declaration unless the court specifically requests the presentation of oral testimony. Supporting affidavits or unsworn declarations must be made on personal knowledge, not by the attorney representing the plaintiff; shall set forth such facts as would be admissible in evidence; show affirmatively that the affiant or declarant is competent to testify to the matters stated therein; and avoid mere general conclusions or argument. An affidavit or unsworn declaration 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. The application for a judgment by default must include a verified Memorandum of Costs and Disbursements either in the body of the application or as an exhibit attached to the application.

      (b) Applications for default judgments are to be submitted in a complete package and must contain the following additional documents:

             (1) Default Judgment for the signature of the judge or clerk;

             (2) Default (to be signed by deputy clerk);

             (3) Proof of Service of the Summons and Complaint, if not previously filed; and

             (4) In actions arising under NRS Chapter 604A, a declaration under penalty of perjury that the applicant has complied with the requirements of that chapter and with the requirements of Rule 49 of these rules.

Any submittal of a partial default package will be considered incomplete and will be returned to the submitting party for completion.

      [Added; effective June 25, 2020.]

      Rule 34.  Summary evictions.

      (a) If a tenant has filed an answer in response to a notice, the court will not schedule a hearing on the summary eviction until the complaint is on file with the court.

      (b) Upon the filing of the complaint:

             (1) If the tenant has filed a timely answer, a hearing on the summary eviction will be set. This hearing will be set within 1 week of the filing of the complaint or at such other time convenient to the court. The court will provide notice of hearing to all applicable parties via mail if time permits, or telephonically.

             (2) If the tenant has not filed a timely answer, the court will process the complaint as a “straight summary eviction” with no hearing scheduled.

      (c) A tenant must answer to a notice within the time required by law. No late answers will be accepted by the court.

      (d) When a timely answer is filed, the answer will be processed at the clerk’s office and held in a “30-day file” until such time as the complaint is filed by the landlord. An answer filed with the court will expire and will not be processed more than 30 days after the expiration of the applicable notice.

      (e) If a complaint is not filed within 30 days after the expiration of the applicable notice, the corresponding notice will be deemed to be expired, and a new notice will be required before the landlord can proceed with a summary eviction.

      (f) All summary eviction paperwork must comply with the following requirements:

             (1) Notice issued to tenant.

                   (A) Notices must be typed or clearly legible.

                   (B) Notices may not be altered in any way.

                   (C) Notices must advise the tenant that the Pahrump Justice Court (or some similar specific reference) has jurisdiction over the matter. Notices that merely refer to “the justice of the peace,” or “Nye County Courthouse,” or some other nonspecific designation will not be valid.

                   (D) If a landlord has issued more than 1 notice to the tenant within 1 rental period, and the tenant has filed an answer with respect to any of those notices, the court may consolidate for hearing all pending notices and answers.

             (2) Landlord filing.

                   (A) The complaint may not be filed prior to the expiration of the applicable notice.

                   (B) In conjunction with the complaint, the landlord must also file:

                          (i) A copy of the applicable notices;

                          (ii) An original Affidavit of Service; and

                          (iii) Where required by law, a legible certificate of mailing that contains the complete address of the tenant and a legible postmark from a United States post office. (A postage meter or private mail service will not be accepted.) If the certificate of mailing is less than 8.5 x 11 inches, it must be mounted on 8.5 x 11-inch paper. No alterations to the certificate of mailing can be made or the complaint will be rejected as an incomplete filing.

                   (C) The landlord shall pay the requisite filing fees.

             (3) Tenant answer.

                   (A) The tenant must pay the requisite filing fee or include a written In Forma Pauperis request.

                   (B) The answer must include a copy of the original notice, unless the tenant signs an unsworn declaration to indicate that the notice has been lost or destroyed.

      (g) Unless otherwise ordered by the court, an order for summary eviction shall expire 30 days after the order is issued. Such expiration must be conspicuously stated on the order for summary eviction.

      (h) As used in this rule, “complaint” means an Affidavit of Complaint for Summary Eviction.

      [Added; effective June 25, 2020.]

      Rule 35.  In Forma Pauperis.

      (a) All In Forma Pauperis (IFP) requests must be approved by a judge before the related filings will be processed by the court.

      (b) If an IFP request is denied, and the requesting party provides a telephone number on the IFP request, the court will call the requesting party by telephone to inform the party of the ruling and to request payment of the filing fees if that party desires to proceed. The party must pay the applicable fee no later than 5 p.m. on the second judicial day following the telephone call by the court. If the requesting party fails to provide the court with a telephone number on the IFP request, the fees must be paid no later than 5 p.m. on the second judicial day following the court’s denial of the IFP request. If payment of the appropriate filing fees is not made within the applicable period set forth above, any documents relating to the IFP request will be returned to the initiating party by mail.

      (c) If the IFP is approved, the related documents will be processed as if the appropriate fees had been paid.

      (d) Unless the judicial order granting the IFP explicitly states otherwise:

             (1) A granted IFP request only applies to the one related action in justice court; and

             (2) A granted IFP request only applies to court costs and fees and does not waive bond requirements, security requirements, or court reporter compensation (including transcript costs).

      (e) In accordance with NRS 12.015, if a Statement of Legal Aid Representation is submitted, the fees set forth in NRS 12.015 will be deemed automatically waived in the Pahrump Justice Court without the need for a court order in individual cases. The Statement of Legal Aid Representation may only be filed by a “client of a program for legal aid” as defined in NRS 12.015, or that client’s attorney, and must indicate the specific entity that is providing legal assistance to the indigent party.

      (f) IFP requests for summary eviction cases shall be governed by the provisions of Rule 41.

      [Added; effective June 25, 2020.]

      Rule 36.  Service of documents upon the court.

      (a) Except as provided in subsection (b), documents must be filed with the court in person or by regular mail. Documents will not be deemed “filed” if they are faxed or emailed to the court.

      (b) The following documents may be faxed or emailed to the court:

             (1) Proof of a defendant’s completion of a sentencing requirement;

             (2) Competency evaluation reports and alcohol, mental health, and substance abuse evaluation reports;

             (3) Declarations of arrest;

             (4) Any document for which the court has issued a written order granting permission to file by fax.

      (c) This rule applies to all cases in the Pahrump Justice Court.

      [Added; effective June 25, 2020.]

      Rule 37.  Stipulations.  A written stipulation between the parties must bear the original signature of each stipulating party, either on one form or on multiple forms, and the corresponding date when that signature was affixed. All stipulations filed with the court shall include a proposed order.

      [Added; effective June 25, 2020.]

      Rule 37.5.  Stipulations and motions to continue or vacate a hearing.

      (a) Generally.

             (1) Hearings may not be removed from the calendar or continued by calling or emailing the clerk’s office or the judge’s chambers.

             (2) No stipulation for a continuance of hearing between the parties or their attorneys will be considered or granted by the court unless the parties provide a reason for the requested continuance.

             (3) 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 or regular mail only. 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. The mere filing of a stipulation to continue or vacate a hearing, however, does not guarantee that the hearing will be continued or vacated. If the court does not issue an order continuing or vacating the hearing, the parties must appear and be prepared to proceed with the hearing.

             (4) 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 not stipulate to remove a trial, preliminary hearing, or evidentiary hearing without also obtaining court approval by order.

      (c) A party may file an ex parte motion to continue 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 telephonic conference within a time to be specified by the court of not less than 1 judicial day.

      [Added; effective June 25, 2020.]

      Rule 38.  Motions to stay in eviction cases.

      (a) A tenant in an eviction case may only file 1 motion to stay or 1 motion to vacate per case, on a form approved by the court.

      (b) Upon the filing of a motion to stay under subsection (a), any pending eviction order shall be stayed until further order of the court.

      (c) A motion to stay will be reviewed by the court within 1 judicial day.

      (d) If a tenant answer has not been filed in an eviction case, a motion to stay must be accompanied by the appropriate filing fee, except as otherwise provided in Rule 41.

      (e) Unless the reviewing judge so orders, a motion to stay will not be set for hearing but instead will be approved or denied ex parte.

      (f) Any hearing on a motion to stay must be scheduled within 7 judicial days from the date the motion is approved for hearing.

      (g) If a motion to stay is set for hearing, the landlord may file a written opposition to the motion.

      (h) If a tenant has already appeared before a judge for a hearing on the eviction, no motion to stay by that tenant will be accepted for filing, unless the tenant alleges that he or she has fully complied with an applicable order of the court.

      (i) As used in this section, “eviction action” means:

             (1) A summary eviction action pursuant to NRS 40.253 or NRS 40.254; or

             (2) A formal civil eviction pursuant to NRS 40.290 to 40.425, inclusive.

      [Added; effective June 25, 2020.]

      Rule 39.  Dismissal without prejudice.

      (a) Any civil case that has been pending for more than 1 year and in which it appears from the court record that no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice. Written notice of entry of a dismissal pursuant to this rule shall be forthwith given to each party that has appeared in the action.

      (b) No case that has been set for trial shall be subject to the provisions of this rule.

      [Added; effective June 25, 2020.]

      Rule 40.  Orders for protection.

      (a) In an action for an order for protection, the following documents must be served pursuant to JCRCP 4(d):

             (1) A notice of hearing where the court will consider whether an extended order for protection should be issued; and

             (2) All orders issued by the court.

      (b) Notwithstanding the provisions of subsection (a):

             (1) An order for protection may not be served by leaving copies thereof at the adverse party’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein;

             (2) Any document that is required to be served upon a minor under the age of 14 years residing within this state must be personally served upon such minor and must also be served upon the minor’s father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, the person with whom the minor resides, or the person in whose service the minor is employed; and

             (3) If the court intends to conduct a hearing to consider only whether a temporary order for protection should be issued, no notice to the adverse party is required. However, if the court elects to notify the adverse party of the hearing, a notice of hearing may be sent by regular mail as an alternative to personal service on the adverse party.

      (c) All documents other than those set forth in subsection (a) may be served as provided in JCRCP 5.

      (d) If multiple protection order cases have been filed by the same applicant within a 2-year period, the current filing will be tracked to the judicial department that heard and decided the applicant’s most recent application for protective order.

      (e) As used in this section, “an order for protection” refers to an order for protection issued pursuant to NRS Chapter 33 or NRS Chapter 200.

      [Added; effective June 25, 2020.]

      Rule 41.  In Forma Pauperis requests in summary eviction cases.  In summary eviction cases, the following procedures for processing In Forma Pauperis (IFP) requests by tenants shall apply:

      (a) All IFP requests must be approved by a judge before the related filings will be processed by the court.

      (b) If a tenant’s IFP request is denied and the tenant provides a telephone number on the IFP request, the court will call the tenant by telephone to inform the tenant of the filing and to request payment of the filing fee if the tenant desires to proceed. The tenant must pay the applicable fees no later than 5 p.m. on the second judicial day following the telephone call by the court. If the tenant fails to provide the court with a telephone number on the IFP request, the fees must be paid no later than 5 p.m. on the second judicial day following the court’s denial of the IFP request.

      (c) If payment of the appropriate filing fees is not made within the period set forth in subsection (b) and the landlord has filed an affidavit of complaint for summary eviction, a hearing will be scheduled, but the court may decline to consider any of the tenant’s attempted filings for which fees have not been paid.

      (d) If payment of the appropriate filing fees is not made within the time period set forth in subsection (b) and the landlord has not filed an affidavit of complaint for summary eviction, any documents relating to the IFP request shall be returned to the tenant by mail.

      (e) If an IFP request is approved under this rule, the related documents will be processed as if the appropriate fees had been paid.

      (f) Unless the judicial order granting the IFP request explicitly states otherwise:

             (1) A granted IFP request only applies to the one related action in justice court; and

             (2) A granted IFP request only applies to court costs and fees and does not waive bond requirements, security requirements, or other court reporter compensation (including transcript costs).

      (g) In accordance with NRS 12.015, if a Statement of Legal Aid Representation is submitted, the fees set forth in NRS 12.015 will be deemed automatically waived in the Pahrump Justice Court without the need for a court order in individual cases. The Statement of Legal Aid Representation may only be filed by a “client of a program for legal aid” as defined in NRS 12.015, or that client’s attorney, and must indicate the specific entity that is providing legal assistance to the indigent party.

      [Added; effective June 25, 2020.]

      Rule 41.5.  Bonds for temporary writs of restitution.

      (a) When a plaintiff has filed a bond pursuant to NRS 40.300, the court will automatically return that bond to the posting party if the plaintiff voluntarily dismisses the case under JCRCP 41(a) or after the case has proceeded to a judgment in the plaintiff’s favor. A plaintiff shall not voluntarily dismiss a case within 30 days following execution of any writ of restitution.

      (b) In the event that the case proceeds to a judgment in the defendant’s favor, the defendant may file a motion to recover under the bond. Such a motion must be filed within 10 judicial days of the date that the judgment is entered. If the defendant fails to file a timely motion to recover under the bond, the court will automatically return that bond to the posting party.

      [Added; effective June 25, 2020.]

      Rule 42.  Rent deposits relating to claims of uninhabitability under NRS 118A.355.

      (a) In an eviction action, if the tenant proceeds under NRS 118A.355 and raises a claim of uninhabitability relating to the tenant’s dwelling unit, the tenant may not raise as a defense that the tenant is entitled to withhold rent under NRS 118A.355 unless the tenant deposits the withheld rent into an escrow account maintained by the Pahrump Justice Court in accordance with this rule. The deposit(s) may be paid by cash, money order, debit card, MasterCard, or Visa. Deposits may not be paid by personal check.

      (b) At the time that the tenant files an answer to the eviction action, the tenant must indicate in the answer that the tenant has withheld rent pursuant to NRS 118A.355, and the tenant must deposit the current accrued withheld rent with the Pahrump Justice Court.

      (c) If the tenant fails to make the deposit required by this rule, the tenant does not have a defense under NRS 118A.355.

      (d) Prior to the hearing on an eviction action, a landlord may file a written opposition that explains why the tenant is not entitled to withhold rent pursuant to NRS 118A.355.

      (e) When the eviction action proceeds to a hearing, the court may order:

             (1) The withheld rent to be returned to the tenant;

             (2) The withheld rent to be forwarded to the landlord; or

             (3) Any distribution of the withheld rent that is just and equitable under the circumstances.

      (f) If a tenant files a Motion to Stay or a Motion to Vacate, either before or after the issuance of an Order for Summary Eviction, and in lieu of an answer, the tenant must still make the deposit required by this rule in order to raise a defense under NRS 118A.355.

      (g) A tenant may not withhold rent under NRS 118A.355:

             (1) For a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of the tenant’s household or other person on the premises with the tenant’s consent;

             (2) If the landlord adequately remedies the failure or makes the best efforts to remedy the failure within 14 days after receipt of the notice required pursuant to NRS 118A.355;

             (3) If the landlord’s inability to adequately remedy the uninhabitability issue or make the best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or by NRS Chapter 118; or

             (4) If the tenant has not fully complied with NRS 118A.355.

      (h) This rule does not apply to rent that is withheld under NRS 118A.380 for a landlord’s failure to supply essential services.

      (i) As used in this section, unless the context otherwise requires:

             (1) “Dwelling unit” has the meaning ascribed to it in NRS 118A.080.

             (2) “Eviction action” means:

                   (A) A summary eviction action pursuant to NRS 40.253 or NRS 40.254; or

                   (B) A formal civil eviction pursuant to NRS 40.290 to 40.425, inclusive.

             (3) “Uninhabitability” has the meaning ascribed to it in NRS 118A.290.

      [Added; effective June 25, 2020.]

      Rule 43.  Petitions to seal records of criminal proceedings.  Any petition to seal a record pursuant to NRS 179.245 and NRS 179.255 must be filed as a civil action. No fee shall be charged to an indigent petitioner, to an acquitted petitioner, or when the criminal charges have been dismissed by the State. The court will provide notice of the hearing to the law enforcement agency that arrested the petitioner for the crime, and the prosecuting attorney. The evidentiary hearing required pursuant to NRS 179.245 and NRS 179.255 may not be waived, unless the prosecuting attorney stipulates in writing to the sealing of the records.

      [Added; effective June 25, 2020.]

      Rule 44.  Documents containing personal information.

      (a) Except as otherwise provided by law or court order, a person shall not include any personal information about any person on any document that is recorded, filed, or otherwise submitted to the court.

      (b) The court may require a person who records, files, or otherwise submits any document to the court to provide an affirmation that the document does not contain personal information about any person or, if the document contains any such personal information, identification of the specific law, public program, or grant that requires the inclusion of the personal information. The court may refuse to record, file, or otherwise accept a document that does not contain such an affirmation when required or any document that contains personal information about a person that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program, or for an application for a federal or state grant. The court may also require the filing party to perform any necessary redactions before a document will be accepted by the court.

      (c) As used in this section, “personal information” has the meaning ascribed to it in NRS 603A.040.

      [Added; effective June 25, 2020.]

      Rule 45.  Appeals.

      (a) Neither filing fees nor bonds may be paid by personal check on an appeal from a civil case, a small claims case, or a case involving an order for protection pursuant to NRS Chapter 33 or NRS Chapter 200.

      (b) The filing of a notice of appeal divests the justice court of jurisdiction except when a party files one of the following motions:

             (1) A Motion for Costs and Attorney Fees;

             (2) A Motion to Reconsider;

             (3) A Motion to Contest the Amount or Sufficiency of a Bond;

             (4) A Motion to Set the Amount of a Bond;

             (5) A Motion to Stay; or

            (6) A Motion to Release a Tenant’s Property.

      (c) Motions to dismiss an appeal must be ruled upon by the district court as part of the appeal process.

      [Added; effective June 25, 2020.]

      Rule 46.  Small claims cases.

      (a) Prior to filing a Small Claims Affidavit of Complaint, the plaintiff must do the following:

             (1) Send a demand letter, return receipt requested, to the defendant. The demand letter must instruct the defendant to pay the amount due within 15 days of the date that the letter is sent, or else the plaintiff will file a small claims case against the defendant.

             (2) Wait at least 15 days from the date the demand letter is sent before filing a small claims case against the defendant.

             (3) File a copy of the demand letter along with the return receipt at the time the small claims case is filed against the defendant.

      (b) Failure of the plaintiff to:

             (1) File a copy of the demand letter;

             (2) File a copy of the proof of mailing; or

             (3) Comply with subsection (a) in any other respects

is cause for the judge to dismiss the small claims case or to impose any other sanctions deemed appropriate.

      (c) The Small Claims Affidavit of Complaint must substantially comply with JCRCP 89.

      (d) Only one writ of execution may be in effect at one time in small claims cases.

      (e) Documents sent by mail will not be returned to the sending party if:

             (1) The documents do not include an original and at least 1 copy; or

             (2) The documents do not include a self-addressed, stamped envelope.

      (f) A referee appointed pursuant to NRS 4.355:

             (1) May issue an immediate default judgment when a defendant fails to appear for trial, and such a default judgment is not subject to the formal objection process;

             (2) May enter an order of dismissal when a plaintiff fails to appear for trial, and such an order is not subject to the formal objection process;

             (3) May, except as provided in paragraph (4) of this subsection, rule upon the following motions:

                   (A) A motion for relief from an order entered pursuant to paragraphs (1) or (2) of this subsection;

                   (B) A motion to transfer the small claims case to district court;

                   (C) A motion to reconsider;

                   (D) A motion for a continuance;

                   (E) A motion for disqualification;

                   (F) A motion to extend time for service;

                   (G) A motion relating to the manner of service;

                   (H) A motion to set aside a dismissal due to lack of service under JCRCP 93;

                   (I) A motion to participate in a hearing by telephonic or audiovisual means;

                   (J) A motion to appoint a court interpreter;

                   (K) A motion to hold a person in contempt with no accompanying penalty of jail time;

                   (L) A motion to “transfer” the case to justice court for processing as a civil case, which motion must be stipulated to by all parties; and

                   (M) Any other motion,

unless the referee determines that the particular motion should be ruled upon by the assigned justice of the peace or chief judge, as appropriate, in which case the referee must issue a written order to explain the basis for that determination.

             (4) May not rule upon the following motions:

                   (A) A motion to hold a person in contempt with an accompanying penalty of jail time, which motion must be ruled upon by any available justice of the peace;

                   (B) A motion for an examination of judgment debtor, which motion must be ruled upon by the assigned justice of the peace, or another judge if the assigned justice of the peace is not available;

                   (C) A motion for judgment against a garnishee defendant, which must be ruled upon by the assigned justice of the peace; and

                   (D) A motion to enter satisfaction of judgment, which must be ruled upon by the assigned justice of the peace.

      [Added; effective June 25, 2020.]

      Rule 47.  Bankruptcy.  Whenever a party in a pending civil action files a federal bankruptcy proceeding entitling the party to an automatic stay, that party shall file written notice thereof in the Pahrump Justice Court within 10 days of the federal bankruptcy filing. The notice shall contain the caption and case number of the pending justice court action and include a photocopy of the face sheet of the bankruptcy petition certified by the clerk of the bankruptcy court and showing the filing number and filing date.

      [Added; effective June 25, 2020.]

      Rule 48.  Filings that may be rejected.  The court may reject filings that:

      (a) Do not include the appropriate filing fee;

      (b) Do not contain original signatures where required;

      (c) Are writs or other documents that include incorrect calculations;

      (d) Are obviously filed in the wrong jurisdiction;

      (e) Are submitted by a landlord who has alleged the existence of a written lease but who has not included a copy of that lease as an exhibit; and

      (f) Are submitted by an attorney that is not counsel of record for a party to the case, or by a person or entity that is not a party to the case.

      [Added; effective June 25, 2020.]

      Rule 49.  Actions arising under NRS Chapter 604A.  In an action arising under NRS Chapter 604A, the plaintiff must file a “Defaulted Loan Information Sheet,” which must include information in the following format:

 

DEFAULTED LOAN INFORMATION SHEET

(To be completed by the lender at the time of filing the Complaint)

 

Name of lender: ____________________________________________________

 

Name of the borrower: _______________________________________________

 

Date of loan: _____________________ Principal amount: $___________________

 

Annual percentage rate: ___________ Total finance charges: $_________________

 

Other fees (please specify): $__________________________________________

 

Total payment amount: $_____________________________________________

 

Date loan due: ___________________ Date of default: ______________________

 

Date repayment plan sent to borrower: ___________________________________

 

Expiration date of offer: ______________________________________________

 

Interest rate calculation: In order to determine the final judgment amount, the court needs to determine the method by which you calculated the total interest due.

 

Original loan amount: $______________________________________________

 

Interest accrued at original rate before default: $____________________________

 

Interest accrued at the statutory rate following default (for no more than 90 days): $_

 

Any authorized fees: $______________ Total claimed amount: $_______________

 

I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.

 

Signature __________________________ Executed on ______________________

 

      [Added; effective June 25, 2020.]

      Rule 50.  Renewals.

      (a) When renewal of a judgment is sought pursuant to NRS 17.214, the party seeking the renewal must file a copy of the judgment proposed to be renewed. The copy of the judgment must be submitted at the time that the affidavit of renewal is filed under NRS 17.214.

      (b) The court may charge a filing fee related to the processing of the renewal request.

      [Added; effective June 25, 2020.]

      Rule 51.  Masters.

      (a) A justice of the peace may refer any matter to a master for determination unless prohibited by law. Such referral may be made by application of a party to the action or on the judge’s own initiative.

      (b) In addition to that provided herein, proceedings before the master shall be in accordance with the provisions of JCRCP 53 and any applicable statutes.

      (c) The master may request a justice of the peace to make an immediate determination of appropriate sanctions for contemptuous behavior, issue a bench warrant, quash a warrant, or release persons arrested thereon.

      (d) Within 20 days after the evidence presented in a matter is closed, the master shall file with the justice of the peace written findings of fact and recommendations, which shall also be served upon each party. Service as provided in this section shall be by personal delivery to each party or the party’s attorney or by mail to the last known address of such person or to the address designated by such person appearing at the hearing before the master, or to the party’s attorney, if any has appeared as an attorney of record.

      (e) A party shall have 20 days from service of written findings of fact and recommendations within which to file an objection. When an objection has been filed, the justice of the peace shall have discretion to determine the manner in which the master’s recommendation will be reviewed.

      (f) Upon the request of a party or upon the initiative of the justice of the peace, the judge may enforce the provisions of the master’s recommendation pending determination on appeal.

      (g) The master may direct counsel for a party to prepare the master’s report, including findings and recommendations. If counsel is so directed, the report must be delivered to the master no later than 10 judicial days after the hearing or notice of decision unless the master extends this time.

      (h) Any duly appointed master may perform the duties of any other duly appointed master as the administration of justice may require.

      (i) All proceedings before a master shall be conducted with appropriate decorum and procedure to ensure respect and obedience to the court and its rules.

      [Added; effective January 4, 2022.]