[Rev. 6/29/2024 2:27:15 PM--2023]
RULES OF THE DISTRICT COURTS OF THE STATE OF NEVADA
ADOPTED
BY THE
SUPREME COURT OF NEVADA
____________
Effective November 1, 1959
and Including
Amendments Through January 1, 2024
HISTORICAL NOTE CONCERNING THE SUPPLEMENTAL RULES OF THE DISTRICT COURTS OF NEVADA
Inherent Rulemaking Power of the District Courts and Legislative Recognition Thereof
One of the inherent powers of a district court, existing independently of statute, is the right to control its order of business and to prescribe rules, not inconsistent with law, for its own government and the government of its officers.
Notwithstanding this inherent power of a district court, the rule-making power has been, and now is, expressly conferred or recognized by statutory enactment.
In 1861, after the creation by congressional act of the supreme court and three district courts of the Territory of Nevada, the territorial legislature enacted “An Act to regulate Proceedings in Civil Cases in the Courts of Justice of the Territory of Nevada.” (See ch. 103, Laws of the Territory of Nevada 1861; repealed by ch. 112, Statutes of Nevada 1869.) Section 574 of that act read:
“The supreme court may make rules not inconsistent with the constitution and laws of the territory, for its own government, and the government of the district courts; but such rules shall not be in force until thirty days after their adoption and publication.”
Section 604 of the 1861 act read:
“Each district court shall have power to make rules, not inconsistent with the constitution and laws of this territory, for its own government and the government of its officers, but such rules shall not be in force until thirty days after their adoption and publication, and no rule shall be made imposing any tax or charge upon any legal proceeding, or making an allowance to any officer for services.”
After Nevada became a state, the legislature in 1865 enacted “An Act concerning the Courts of Justice of this State, and Judicial Officers.” (See ch. 19, Statutes of Nevada 1865.) Section 22 of this act read:
“Each District Court shall have power to make rules not inconsistent with the constitution and laws of this State, for its own government and the government of its officers, but such rules shall not be in force until thirty days after their adoption and publication, except for the first terms held under the constitution of the State, and no rule shall be made imposing any tax or charge upon any legal proceeding, except as a penalty upon overruling a demurrer, or making an allowance to any officer for services.”
Section 22 of the 1865 statute was superseded by N.R.C.P. 83, and subsequently was repealed by the legislature. In 1913, section 8 of the 1865 act was amended to provide that the “supreme court may make rules not inconsistent with the constitution and laws of the state for its own government and the government of the district courts; but such rules shall not be enforced until thirty days after their adoption and publication.” This section, as amended, has become NRS 2.120.
In 1869 the legislature enacted “An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto.” (See ch. 112, Statutes of Nevada 1869; repealed by the adoption of the 1911 Civil Practice Act.) Section 590 of the 1869 act read:
“The Supreme Court may make rules not inconsistent with the Constitution and laws of the State, for its own government and the government of the District Courts; but such rules shall not be in force until thirty days after their adoption and publication.”
From the above discussion it appears that the district courts were given express statutory authority in 1865 to make rules. The act of 1861 governing territorial courts and providing authority for rulemaking power of the supreme court was still then effective, not being repealed expressly until 1869. Then in 1869, the supreme court was given rulemaking power again. To add to the confusion, the 1865 act was amended in 1913 to add rulemaking power for the supreme court.
Despite the legislative inconsistencies, it can be safely said that from the organization of the territory to the present time the supreme court and the district courts have been given by express legislative enactment the power to make supplementary rules.
Rules of 1887
Rules of the district courts were first approved in 1887 by all of the district judges and by the supreme court when the state was but one judicial district, under the provisions of “An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and fix the places of holding courts.” (See ch. 56, Statutes of Nevada 1885.)
Forty-five rules were originally adopted in 1887. Two additional rules were added at a later date. Rule I was amended in 1889, 1911 and 1929. Rules III and IV were amended in 1911. Rule V was amended in 1911 and 1946; and Rule VIII in 1911. Rule XI was amended in 1889 and 1911, and Rules XIII, XV, XXIV, XXXVI, XL, XLI and XLIII were amended in 1911. Rule XLV was amended in 1911 and 1949, and Rules XLVI and XLVII were amended in 1933.
Rules of 1959
In 1953 the adoption of Nevada Rules of Civil Procedure regulating original and appellate civil practice and procedure in judicial proceedings in the district courts created conflicts with the then existing 1887 supplemental rules of the district courts. Rules of court adopted for the dispatch of business and the impartial administration of justice have the effect of positive law and not only ought to be formally promulgated, but they should be definitely stated, published and made known in some permanent form. The district judges undertook a comprehensive revision of the rules of the district courts which resulted in the elimination of inoperative or obsolete rules and parts of rules, the addition of new rules, and the improvement of the grammatical structure and physical form of the rules. These rules became effective November 1, 1959.
Rules of 1979
By order dated October 17, 1979, the supreme court repealed Rules 4 to 40, inclusive, of the 1959 rules. In their place, it adopted new rules numbered 4 to 25, inclusive, to become effective January 1, 1980. Index entries for all the District Court Rules made or continued in effect are integrated with the General Index of Nevada Revised Statutes.
Frank W. Daykin,
Legislative Counsel.
October 22, 1979.
ORDER ADOPTING RULES OF THE DISTRICT COURTS OF THE STATE OF NEVADA
IT IS HEREBY ORDERED, pursuant to the provisions of NRS 2.120, that the annexed rules be and the same hereby are adopted for the government of the district courts of Nevada; that the same shall be effective on November 1, 1959; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk’s official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than thirty days prior to November 1, 1959, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2.120.
IT IS HEREBY FURTHER ORDERED that copies be provided by the clerk of this court to each county clerk in the state.
Dated: July 23, 1959.
By the Court
Charles M. Merrill,
Chief Justice.
Milton B. Badt,
Associate Justice.
RULES OF THE DISTRICT COURTS OF THE STATE OF NEVADA
Rule 1. Title. These rules may be known and cited as the District Court Rules, or may be abbreviated D.C.R.
Rule 2. Definitions of words and terms. In these rules, unless the context or subject matter otherwise requires:
1. “Case” shall include and apply to any and all actions, proceedings and other court matters, however designated.
2. “Clerk” means the clerk of the district court.
3. “Court” means the district court.
4. “Party,” “petitioner,” “applicant,” “claimant,” “plaintiff,” “defendant,” or any other designation of a party to any action or proceeding, case or other court matter shall include and apply to such party’s attorney of record.
5. “Person” shall include and apply to corporations, firms, associations and all other entities, as well as natural persons.
6. “Shall” is mandatory and “may” is permissive.
7. The past, present and future tenses shall each include the others; the masculine, feminine and neuter genders shall each include the others; and the singular and plural numbers shall each include the other.
Rule 3. Effect of rule and subdivision headings. Rule and subdivision headings set forth in these rules shall not in any manner affect the scope, meaning or intent of any of the provisions of these rules.
Rule 4. Nonjudicial days. If any day on which an act required to be done by any one of these rules falls on a Saturday, Sunday, or legal holiday the act may be performed on the next succeeding judicial day.
[Added; effective January 1, 1980.]
Rule 5. Scope, construction, and application of rules. 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.
These rules cover the practice and procedure in all actions in the district courts of all districts where no local rule covering the same subject has been approved by the supreme court. Local rules which are approved for a particular judicial district shall be applied in each instance whether they are the same as or inconsistent with these rules.
[Added; effective January 1, 1980.]
Rule 6. Reports of clerk to judge. The chief judge or presiding judge may require the clerk to periodically provide a full statement of all matters filed in that county.
[Added; effective January 1, 1980.]
Rule 7. Setting of cases for trial; pretrial conferences.
1. Each judge shall fix at least one law day in each month for the setting of cases for trial on issues of fact, unless the business of the judicial district or of any county thereof requires a different arrangement.
2. Civil cases at issue upon questions of fact may be set for trial on the issues of fact on any law day, 7 days’ previous written notice of such motion having been given by the moving party to the opposite party or parties or, on the court’s own initiative, after 7 days’ notice to all counsel.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 8. Notice to clerk, attorneys when court will sit in county where court not in continuous session.
1. The judge who is to hold court in any county where court is not held continuously shall give the clerk of such county notice of the date and time when court will sit.
2. Immediately upon receiving such notice, the clerk shall give all the attorneys having business in the court, as shown by the calendar, and also all attorneys practicing in the county, notice in writing of the date and time when court will be held.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 9. Law days: Precedence of law questions; notice; continuances.
1. Each district court shall designate a day or days on which law questions shall take precedence, when at issue, and be heard without previous setting or notice, unless the court, for good cause, continues the consideration thereof.
2. The absence of an attorney or a party shall not in itself be sufficient ground for a continuance, where the opposing attorney or party, whether the moving party or not, has given at least 7 days’ written notice that the opposing attorney or party will call up the law question sought to be determined on a law day specified in the notice.
3. When it appears to the court that such written notice has been given, the court shall not, unless the other business of the court requires such action, further continue the matter specified in the notice except upon a showing by motion supported by affidavit or oral testimony that such continuance is in good faith reasonably necessary and is not sought merely for delay or by reason of neglect.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 10. Duties of bailiff, sheriff. During the time the court remains in session, the bailiff, if there is one, or the sheriff or the sheriff’s deputy in attendance pursuant to law if there is no bailiff, shall:
1. Prevent all persons from coming within the bar except officers of the court, attorneys and parties to, or jurors or witnesses in, the cause or matter being tried or heard.
2. Keep the passageway to the bar clear for ingress or egress.
3. Preserve order in the court and within the hearing of the court.
4. Attend the needs of the jury.
5. Open and close court.
6. Perform such other duties as are required by the district court judge.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 11. Custody and withdrawal of papers, records and exhibits.
1. The clerk shall have custody to the records and papers of the court. The clerk shall not permit any original record, paper or exhibit to be taken from the courtroom, judge’s chambers or from the clerk’s office, except at the direction of the court or as provided by statute or these rules.
2. Papers, records or exhibits belonging to the files of the court may be temporarily withdrawn from the office and custody of the clerk for a limited time upon the special order of the judge in writing, specifying the record, paper or exhibit, and limiting the time the same may be retained. A receipt shall be given for any paper, record or exhibit so withdrawn from the files.
3. Models, diagrams and exhibits of material forming part of the evidence taken in a case may be withdrawn by order of the court in the following manner:
(a) By stipulation of the parties.
(b) By motion made after notice to the adverse party.
(c) After a judgment is final, by the party introducing the same in evidence, unless the model, diagram or exhibit is obtained from the adverse party. If any model, diagram or exhibit is withdrawn under this paragraph (c), the party or attorney who withdraws the same shall file an affidavit with the clerk to the effect that the person who withdraws it is the owner of or lawfully entitled to the possession of the model, diagram or exhibit.
Withdrawal of any model, diagram or exhibit shall be on court order on such terms and conditions as the court may impose, and a receipt therefor shall be filed with the clerk.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 12. Form of papers presented for filing; exhibits; documents; legal citations.
1. All pleadings and papers presented for filing shall be flat, unfolded, firmly bound together at the top, on white paper of standard quality, not less than 16-lb. weight and 8 1/2 by 11 inches in size. All papers shall be typewritten or prepared by some other duplication process that will produce clear and permanent copies equally legible to printing. Type may not be smaller than pica size, and may be either 10-or 12-point type. Carbon or photocopies may not be filed, except as provided in subsection 6 of this rule. Only one side of the paper may be used. The lines on each page shall be double-spaced, except that descriptions of real property may be single-spaced. All quotations of more than 50 words shall be indented. Pages shall be numbered consecutively at the bottom.
2. No original pleading or paper shall be amended by making erasures or interlineations thereon, or by attaching slips thereto, except by leave of court.
3. The first page of every pleading or paper presented for filing shall contain:
(a) The case number on line 1 at the left side of the page,
(b) The number of the department if any, to which the case is assigned on line 2, immediately under the case number,
(c) The space to the right of lines 1 through 5 shall be reserved for the clerk’s file stamp,
(d) The title of the court in the center of the page on lines 6 and 7,
(e) The name of the action or proceeding, single-spaced, below the title of the court and to the left of center of the page, e.g.:
JOHN DOE,
Plaintiff,
vs.
RICHARD ROE,
Defendant.
}
(f) To the right of center, directly opposite the name of the action or proceeding, the name of the pleading, motion, or other document, sufficient in description to apprise the respondent and clerk of the nature of the document filed or the relief sought, e.g.: Plaintiff’s Motion to Compel Answers to Interrogatories; Defendant’s Motion for Summary Judgment Against Plaintiff John Doe; Plaintiff Doe’s Interrogatories to Defendant Roe; Order Granting Plaintiff Doe’s Motion for Summary Judgment Against Defendant Roe.
For the convenience of the court and the parties, the same description on the motion papers shall appear on all posted calendars at the time of the hearing.
4. All exhibits attached to pleadings or papers shall clearly show the exhibit number at the bottom or on the right side thereof. Copies of exhibits must be clearly legible and not unnecessarily voluminous, and must be reduced to 8 1/2 inches by 11 inches, or conveniently folded to that size. Original documents shall be retained by counsel for introduction as exhibits at the time of a hearing or at the time of trial rather than attached to pleadings.
5. When a decision of the supreme court of the State of Nevada is cited, the citation to Nevada Reports shall be given with the year of the decision. Whenever a decision of an appellate court of any other state is cited, the citation to West’s National Reporter System shall be given together with the state and year of decision. When a decision of the Supreme Court of the United States is cited, at least one parallel citation and the year of decision shall be given. When a decision of the court of appeals or of a district court or other court of the United States has been reported in the Federal Reporter System, that citation, court and year of decision shall be given.
6. The clerk shall not accept for filing any pleadings or documents which are not properly signed or do not comply with this rule, but for good cause shown, the court may permit the filing of noncomplying pleadings and documents. Paragraph 1, except as to the size of paper, and Paragraph 3 of this rule do not apply to printed forms furnished by the clerk, the district attorney, the public defender, or the court.
7. All transcripts of evidence and proceedings prepared and filed by official court reporters shall be prepared on pages which shall be 8 1/2 inches x 11 inches in size. The left margin shall not be more than 1 1/2 inches from the left edge of the paper and the right margin shall not be more then 3/4 inch from the right edge of the paper. Each page shall be pre-numbered on the left margin and shall contain a minimum of 24 lines of type. The first line of any question or of any answer may be indented not more than 5 spaces from the left margin; the first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There shall not be more than one space between each word, nor more than 2 spaces between each sentence. Type pitch shall be not less than 10 characters per inch, and may be double spaced or 1 1/2 spaced.
[Added; effective January 1, 1980; amended effective December 3, 1985.]
Rule 13. Motions: Procedure for making motions; affidavits; renewal, rehearing of motions.
1. All motions shall contain a notice of motion, with due proof of the service of the same, setting the matter on the court’s law day or at some other time fixed by the court or clerk.
2. A party filing a motion shall also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious and cause for its denial or as a waiver of all grounds not so supported.
3. Within 14 days after the service of the motion, the opposing party shall serve and file a written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied. Failure of the opposing party to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting the same.
4. The moving party may serve and file reply points and authorities within 7 days after service of the answering points and authorities. Upon the expiration of the 7-day period, either party may notify the calendar clerk to submit the matter for decision by filing and serving all parties with a written request for submission of the motion on a form supplied by the calendar clerk. A copy of the form shall be delivered to the calendar clerk, and proof of service shall be filed in the action.
5. The affidavits to be used by either party shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains and shall be served and filed with the motion, or opposition to which it relates.
Affidavits shall contain only factual, evidentiary matter, shall conform with the requirements of NRCP 56(c)(4), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part.
6. Factual contentions involved in any pre-trial or post-trial motion shall be initially presented and heard upon affidavits. Oral testimony may be received at the hearing with the approval of the court, or the court may set the matter for a hearing at a time in the future and allow oral examination of the affiants to resolve factual issues shown by the affidavits to be in dispute.
7. No motion once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.
[Added; effective January 1, 1980; amended effective December 23, 2021.]
Rule 14. Motions for continuance: Contents, service of affidavits; counter-affidavits; argument.
1. All motions for the continuance of cases shall be made on affidavit except where it shall appear to the court that the moving party did not have time to prepare an affidavit, in which case counsel for the moving party need only be sworn and orally testify to the same factual matters as hereinafter required for an affidavit.
2. When a motion for the continuance of a cause is made on the ground of absence of witnesses, the affidavit shall state:
(a) The names of the absent witnesses and their present residences, if known.
(b) What diligence has been used to procure their attendance or their depositions, and the causes of a failure to procure the same.
(c) What the affiant has been informed and believes will be the testimony of each of such absent witnesses, and whether or not the same facts can be proven by other witnesses than parties to the suit whose attendance or depositions might have been obtained.
(d) At what time the applicant first learned that the attendance or depositions of such absent witnesses could not be obtained.
(e) That the application is made in good faith and not merely for delay.
3. No continuance will be granted unless the affidavit upon which it is applied for conforms to this rule, except where the continuance is applied for in a mining case upon the special ground provided by NRS 16.020.
4. Copies of the affidavits upon which a motion for a continuance is made shall be served upon the opposing party as soon as practicable after the cause for the continuance shall be known to the moving party.
5. Counter-affidavits may be used in opposition to the motion.
6. No amendments or additions to affidavits for continuance will be allowed at the hearing on the motion and the court may grant or deny the motion without further argument.
[Added; effective January 1, 1980.]
Rule 15. Motions, issues of law: Oral hearings or submission on briefs; notice of and compliance with decisions.
1. If the court and the parties agree any issue of law and any motion of any nature or kind may be considered in chambers at any time or place in the state; or such question of law or motion may be submitted on briefs to such judge, and the decision may be filed thereafter at any time. Any proceeding which requires evidence, testimony, or fact finding must be heard in open court within the district that the case is filed and where court is regularly held, except as provided by NRS 1.050(4).
2. The decision shall fix the time when the decision of the court is to be complied with. In all such cases the party who is required to act by such decision shall receive due written notice thereof from the opposite party.
3. Time for complying with such decision shall commence to run from the time when service is made in the manner required by N.R.C.P. for service of pleadings in a case, but when the parties are present by their respective attorneys when the decision is rendered no notice shall be required.
[Added; effective January 1, 1980.]
Rule 16. Stipulations to be in writing or to be entered in court minutes. No agreement or stipulation between the parties in a cause or their attorneys, in respect to proceedings therein, will be regarded unless the same shall, by consent, be entered in the minutes in the form of an order, or unless the same shall be in writing subscribed by the party against whom the same shall be alleged, or by the party’s attorney.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 17. Orders extending time; notice to opposing party.
1. No order, made on ex parte application and in the absence of the opposing party, provided he has appeared, granting or extending the time to file any paper or do any act shall be valid for any purpose in case of objection, unless written notice thereof is given to such opposing party not later than the end of the next judicial day.
2. Such notice shall be given as other notices are given, or may be given by registered mail sent to the last-known address of the attorney for such party, or, if he has no attorney, to such party himself. If the address of such attorney or party is not known, then the notice may be addressed to such attorney or party in care of the clerk.
[Added; effective January 1, 1980.]
Rule 18. 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, unless the judge’s inability shown by affidavit; modification of rule in judicial districts having more than one judge, another judge requested, or another judge assigned.
1. When any district judge shall have entered upon the trial or hearing of any cause, proceeding or motion, or made any ruling, order or decision therein, no other judge shall do any act or thing in or about such cause, proceeding or motion, unless upon the written request of the judge who shall have first entered upon the trial or hearing of such cause, proceeding or motion.
2. No judge except a judge of the district 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:
(a) The judge is absent from the state or from other cause is unavailable to act; or
(b) Another judge has been requested to act by the judge having charge of the cause; or
(c) Another judge is assigned to the court by the chief justice in which case the judge may hear any matter coming before the court during the period of assignment.
3. In the event that a district court judge intends to recuse from participation in a case based upon actual or implied bias toward an attorney at law or law firm for one of the parties, the district court judge shall set forth the basis for recusal in an order filed with the clerk of the court that contains specific findings of fact and citations to the Nevada Code of Judicial Conduct.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 19. Application for writ, order to another judge prohibited when same application pending before different judge or previously denied; exception. When an application or petition for any writ or order shall have been made to a district judge and is pending or has been denied by such judge, the same application or motion shall not again be made to the same or another district judge, except upon the consent in writing of the judge to whom the application or motion was first made.
[Added; effective January 1, 1980.]
Rule 20. Appearances in proper person: Entry of appearance, initial pleading to be acknowledged. Unless appearing by an attorney regularly admitted to practice law in Nevada and in good standing, no entry of appearance or initial pleading purporting to be signed by any party to an action shall be recognized or given any force or effect by any district court unless the same shall be acknowledged by the party signing the same before a notary public or some other officer having a seal and authorized by law to administer oaths, or the truth of the matter is established by an unsworn declaration signed by the party under penalty of perjury, and dated, in substantially the following form: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”
[Added; effective January 1, 1980; As amended; effective January 11, 2010.]
Rule 21. Preparation of order, judgment or decree. The counsel obtaining any order, judgment or decree shall furnish the form of the same to the clerk or judge in charge of the court.
[Added; effective January 1, 1980.]
Rule 22. Transfer of certain cases to district court from justice court under NRS 66.070: Grounds for dismissal of action.
1. The plaintiff shall cause the papers in a case certified to this court under the provisions of NRS 66.070 to be filed in the office of the clerk of this court within 14 days from the day upon which the order of the justice of the peace is made directing the transfer of the case.
2. If the papers are not so filed, the case shall be dismissed:
(a) Upon filing a certificate from the justice of the peace to the effect that the justice of the peace has certified the papers as required by NRS 66.070, but that the same have not been ordered up, or the proper costs paid; or
(b) If it shall appear that such papers are not filed in this court by reason of the neglect of the plaintiff to pay the fees of the clerk for filing the same.
[Added; effective January 1, 1980; amended effective February 22, 2021.]
Rule 23. Responding to discovery requests. Answers to interrogatories shall set forth each question in full before each answer. Each objection to an interrogatory, a request for admission, or a demand for production of documents and each application for a protective order shall include a verbatim statement of the interrogatory, question, request or demand together with the basis for the objection. A demand to compel further answer to any interrogatory shall set forth in full the interrogatory and the answer or answers thereto.
[Added; effective January 1, 1980.]
Rule 24. Filing orders. Any order, judgment or decree which has been signed by a judge must be filed with the clerk of the court promptly. No attorney shall withhold or delay the filing of any such order, judgment or decree for any reason, including the nonpayment of attorney’s fees.
[Added; effective January 1, 1980.]
Rule 25. Effective date. These rules shall become effective January 1, 1980, but this shall not affect any proper action taken under the rules in effect prior to these rules before said date.
[Added; effective January 1, 1980.]
Rule 26. Limited scope representation.
1. “Limited scope representation” may be commenced either by:
(a) An attorney entering into a private agreement with a person involved in a court proceeding that creates an attorney-client relationship where the attorney and the person seeking legal services have agreed that the scope of legal services will be limited to specific tasks that the attorney will perform for the person. The creation of a limited scope agreement shall be in writing and shall not bind the court or limit the court’s ability to deny a request to withdraw as attorney except as provided by this rule; or
(b) An attorney seeking leave of court to engage in limited scope representation in the permitted cases described in subsection 2 may do so as long as the appearance meets all of the requirements of this rule. The attorney engaging in limited scope representation shall clearly and with particularity describe the specific tasks that the attorney will perform on the record. If consent is given orally on the record in court, the limited scope attorney shall file the Notice of Limited Scope Representation no later than 48 hours after the hearing.
2. Limited scope representation shall be permitted in the following areas: divorce, annulments, dissolution of domestic partnerships, separate maintenance, child custody, paternity, child support, minor name change petitions, guardianships pursuant to NRS Chapter 159 or NRS Chapter 159A, and protection orders issued pursuant to NRS Chapter 33.
3. An attorney who contracts with a person involved in a court proceeding to limit the scope of representation shall:
(a) File a Notice of Limited Scope Representation, in a form substantially similar to Form 1 in the Appendix of Forms, signed by both the attorney and the limited scope party, with the court stating:
(1) The scope of the limited representation with particularity, including a list of the specific services the attorney will perform;
(2) That any other party or their attorney is authorized and required to serve the limited scope party directly with any pleadings or papers filed with the court; and
(3) That the opposing party or their attorney may communicate directly with the limited scope party for matters not stated in the scope of representation to the extent not otherwise prohibited.
(b) Notify the court of that limitation at the beginning of each hearing in which the attorney appears and identify pleadings filed on behalf of the limited scope party in the signature block that the attorney is acting in a limited scope representation.
4. Service of all papers after the filing of a notice of limited scope appearance as provided in this rule must be made upon both the attorney making such limited scope appearance and the party on whose behalf the appearance is made. The limited scope party must be added to any electronic filing system utilized by the court and included in any electronic service list for service of papers or pleadings. The attorney must take all necessary steps to notify the court or register the party for electronic service to effectuate the requirements of this provision.
5. The court may make any further additions or revisions to the limited scope representation as necessary to conclude or resolve any matter or hearing subject to the limited scope representation.
6. An attorney who contracts with a party to limit the scope of representation, or is given leave by the court to act in a limited capacity, shall be permitted to withdraw only upon order of the court.
(a) The attorney shall file a Notice of Completion of Services in Limited Scope Representation, in a form substantially similar to Form 2 in the Appendix of Forms, containing a statement that:
(1) All services required by the agreement and the court are complete, including any post-hearing settlement discussions and preparation or review of the hearing order;
(2) Lists all the services completed;
(3) Identifies the name of successor counsel or the address, email address, and telephone number of the party acting in proper person; and
(4) Notifies the party subject to the limited scope representation and all other interested parties that they shall have 7 days to file an objection to withdrawal stating the reasons for the objection and requesting a hearing.
(b) The party subject to the limited scope representation and all other interested parties shall have 7 days to file an objection to withdrawal stating the reasons for the objection and requesting a hearing.
(c) The Notice of Completion of Services in Limited Scope Representation must be served upon the party subject to the limited scope representation and all other parties to the action.
(d) The limited scope attorney shall then be allowed to withdraw from the matter if no objection is filed and the court determines the services in the limited scope representation are complete.
7. If the attorney fails to comply with these requirements:
(a) The attorney shall be deemed to have made a general appearance and shall be responsible for all aspects of the case until order of the court.
8. Nothing in this rule shall prevent an attorney acting in a limited scope from otherwise withdrawing on order of the court pursuant to RPC 1.16 prior to the completion of the limited scope of services.
9. These rules are adopted to facilitate a pilot program with respect to the provision by attorneys of unbundled legal services in Nevada. These rules take effect November 1, 2022, and shall expire on November 1, 2024, unless further extended by the court.
10. The provisions of these pilot rules apply in every judicial district; to the extent a district has preexisting rules concerning unbundled representation, those rules do not apply to representation undertaken after and during the effective period of these pilot rules. To that extent, D.C.R. 5 is suspended.
[Added; effective November 1, 2022.]
Form 1. Notice of Limited Scope Representation
Attorney: __________________________
Bar No.: __________________________
Firm: __________________________
Address: __________________________
__________________________
Phone: __________________________
Email: __________________________
Attorney for: __________________________
IN THE _____________________ JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF __________________, STATE OF NEVADA
|
PLAINTIFF,
Plaintiff,
v.
DEFENDANT,
Defendant. |
Case No.:
Dept.: |
NOTICE OF LIMITED SCOPE REPRESENTATION
Pursuant to District Court Rule 26, the undersigned hereby makes a limited scope appearance on behalf of ____________________, Plaintiff/Defendant.
1. _______________________________________, limited scope counsel for Plaintiff/Defendant, have entered into a written agreement to represent the party for a limited scope of services. Limited scope counsel will serve as attorney of record only for the following specific issues or matters before the court:
Scope of Services
2. Any other party, or their attorney, must serve the undersigned with all pleadings related to the above-stated matters. Any other party, or their attorney, is authorized and required to also serve the Plaintiff/Defendant directly.
3. Any other party, or their attorney, may communicate directly with the Plaintiff/Defendant for all matters not stated in the above Scope of Services to the extent not otherwise prohibited.
4. INFORMED CONSENT: Plaintiff/Defendant understands the limited scope attorney will only complete the Scope of Services listed above and that Plaintiff/Defendant is responsible for all other aspects of their case not specifically listed above.
4____________________________ 4_______________________________
(Attorney’s signature) (Plaintiff’s/Defendant’s signature)
_______________________________
(Attorney’s printed name) (Plaintiff’s/Defendant’s printed name)
Form 2. Notice of Completion of Services in Limited Scope Representation
Attorney: __________________________
Bar No.: __________________________
Firm: __________________________
Address: __________________________
__________________________
Phone: __________________________
Email: __________________________
Attorney for: __________________________
IN THE _____________________ JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF __________________, STATE OF NEVADA
|
PLAINTIFF,
Plaintiff,
v.
DEFENDANT,
Defendant. |
Case No.:
Dept.: |
NOTICE OF COMPLETION OF SERVICES IN LIMITED SCOPE REPRESENTATION
1. Pursuant to the terms of the agreement between _________________________, Plaintiff/Defendant herein, and undersigned counsel, undersigned counsel agreed to provide limited scope representation in the above-entitled matter.
2. Undersigned counsel was retained as attorney of record only for the services described in the Notice of Limited Scope of Representation filed in this matter or entered on the record in this matter on _________________ (date). The Notice of Limited Scope Representation is attached.
3. The court did or did not require additional services to be completed.
4. Undersigned counsel completed all services within the scope of the representation on ______________ (date). The services completed were:
Services Completed
5. Undersigned counsel has caused or confirmed that the limited scope party has been added to the electronic service list or received a waiver of any electronic filing system used or required to be used by the court.
6. The contact information for substitute counsel or the Plaintiff/Defendant in proper person is:
Name: ______________________________________________________
Address: ______________________________________________________
Phone: ______________________________________________________
Email: ______________________________________________________
7. The Plaintiff/Defendant and all other interested parties shall have 7 days to file an Objection to this Notice of Completion of Limited Scope Representation stating the reasons for the objection and requesting a hearing.
DATED: ______________________
Respectfully submitted,
FIRM
By:_______________________________
Attorney
Nevada Bar No.
Attorney for:
NOTICE TO ALL PARTIES
Undersigned counsel has filed a Notice of Completion of Services of the limited scope representation in this matter. PLEASE TAKE NOTICE that you have 7 days to object if you believe that the attorney has not completed all of the agreed upon services. A hearing on this matter will not be held unless an objection is filed and served on all parties and counsel in this matter. If no objection is filed, an order granting the withdrawal of undersigned counsel in this matter may be entered without further notice.
DATED: ______________________
Respectfully submitted,
FIRM
By:_______________________________
Attorney
Nevada Bar No.
Attorney for: