[Rev. 11/20/2013 4:57:58 PM--2013]

RULES OF PRACTICE FOR THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

APPROVED BY THE SUPREME COURT OF NEVADA

Effective September 1, 1995 and Including Amendments Through September 1, 2013

 

ORDER

 

      It Is Hereby Ordered that the Local Rules of the Fourth Judicial District Court of the State of Nevada be, and the same hereby are, adopted. The rules shall read as set forth in Exhibit A.

      It Is Hereby Further Ordered that the Local Rules of the Fourth Judicial District Court (4JDCR) shall become effective September 1, 1995. The rules shall govern all proceedings brought after that date and all further proceedings in actions pending on that date, unless in the opinion of the district court their application in a particular pending action would not be feasible or would work an injustice, in which event the former procedure applies.

      The Clerk of this Court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the Clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the Clerk of this Court as to the accomplishment of the above-described publication of notice of entry and dissemination of order shall be conclusive evidence of the adoption and publication of the foregoing rules.

      Dated this 31st day of July, 1995.

 

BY THE COURT

 

Thomas L. Steffen, Chief Justice

 

Cliff Young                                                                                       Miriam Shearing

      Associate Justice                                                                                    Associate Justice

 

Charles E. Springer                                                                       Robert E. Rose

      Associate Justice                                                                                    Associate Justice

 

 

RULES OF PRACTICE FOR THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

 

      Rule 1.  Applicability and citation of rules.

      1.  These rules shall be known and may be cited as the Fourth Judicial District Court Rules or 4JDCR.

      2.  In order to allow flexibility in the administration of the government of the Fourth Judicial District Court there shall be issued a “Standing Order Supplementing Local Rules” signed by both District Judges. Said Standing Order shall be posted in the Court Clerk’s Office. Suggested pleading forms prepared by the Court shall also be available in the Court Clerk’s Office. The Court Clerk shall provide a copy of said Standing Order and any suggested pleading forms to any person without charge.

      3.  The District Judge who will try the case, sua sponte or upon motion of a party, may determine that a case should not follow regular procedure and the Judge may then make such orders as deemed advisable for all subsequent proceedings.

      4.  The District Court Rules promulgated by the Nevada Supreme Court shall be applied whenever not inconsistent with these local rules. To the extent that these local rules are inconsistent with the District Court Rules promulgated by the Nevada Supreme Court, these local rules shall be applied instead of the District Court Rules pursuant to D.C.R. 5.

 

      Rule 2.  Organization of the Court.

      1.  The Fourth Judicial District consists of two departments, Department 1 and Department 2.

      2.  Unless previously disqualified, the Judges of this Court may interchange with each other. In the event of the absence or the incapacity of a Judge, or when agreed by the Judges, either Judge may temporarily act in the department of the other without specific assignment of the actions. Cases heard by a Judge pursuant to this paragraph remain in the department originally assigned and are not automatically transferred.

      3.  All actions will be assigned to a department by the Court Clerk pursuant to instructions contained in the Standing Order.

      4.  Cases will not be reassigned except upon good cause and order signed by both Judges, or upon disqualification or as otherwise provided by rule or law. Whenever a jury trial has been double set within one department, the District Judges may permanently transfer one of the cases to the other department at any time prior to the commencement of the jury trial for the purpose of avoiding a continuance of said case.

      5.  It is the intent of the District Judges, to the extent reasonably possible, to implement a “One Family/One Judge” assignment of domestic relations cases. The Court Clerk and attorneys practicing within the Fourth Judicial District Court shall bring to the attention of the District Judges cases which might be transferred between departments in order to accomplish this goal.

      6.  The position of “Court Master” is established and an appointment shall be made pursuant to the Standing Order. Either District Judge may appoint a person other than the person appointed in the Standing Order to act as temporary Court Master in any individual case. The Court Master shall perform the duties of the following positions:

      a. Child Support Master, pursuant to NRS 3.405, 125B.200(1), 425.381 and Chapter 130;

      b. Paternity Master, pursuant to NRS 3.405;

      c. Domestic Relations Referee, pursuant to NRS 125.005;

      d. Juvenile Master, pursuant to NRS 62.090 and 432B.470 et seq.; and

      e. Such other duties as assigned to the Court Master in either the Standing Order signed by both District Judges, or by separate order in an individual case.

 

      Rule 3.  Case management conference.

      1.  Case management conferences; objectives.  In any civil action, the attorneys for the parties and any unrepresented parties shall appear before the court for a “case management conference” within 60 days following the filing of an N.R.C.P. 16.1 joint case conference report. The plaintiff or party initiating the action shall be responsible for scheduling the case management conference. The case management conference may be held telephonically by stipulation of the parties or by order of the court. The purpose of the case management conference shall be:

      a. Familiarizing the court with the factual and legal issues of the case;

      b. Identifying the discovery the parties intend to conduct;

      c. Identifying dispositive motions the parties intend to file;

      d. Expediting the disposition of the action;

      e. Establishing early and continuing control so that the case will not be protracted because of lack of management;

      f. Discouraging wasteful discovery and other pretrial activities;

      g. Where agreed upon by the parties, setting the case for trial and scheduling the pretrial settlement conference;

      h. Discussing the length of the trial; and

      i. Facilitating settlement of the case.

      2.  Subjects to be discussed at case management conferences.  The subjects to be discussed at the case management conference shall include:

      a. An overview of known facts and legal theories in support of each party’s position;

      b. Known facts the parties intend to prove at trial in support of each legal theory;

      c. Anticipated discovery;

      d. Anticipated dispositive motions;

      e. The amount of time the parties expect the trial to require and whether the trial will be conducted before a jury;

      f. The possibility of settlement, areas in which the parties believe the court may facilitate settlement and the possibility of the use of extrajudicial procedures to resolve the dispute; and

      g. Such other matters as may aid in the disposition of the action.

      3.  Sanctions.  If the plaintiff or party initiating the action fails to schedule the case management conference, or if a party or party’s attorney fails to make an appearance at a case management conference, or if a party or party’s attorney is substantially unprepared to participate in the conference, or if a party or party’s attorney fails to participate in good faith, the judge, upon motion or by the court’s own initiative, may make such orders with regard thereto as are just, including any of the orders provided in N.R.C.P. 37(b)(2)(B), (C), and (D). In lieu of or in addition to any other sanction, the judge shall require the party or the attorney representing the party or both to pay the reasonable expenses incurred because of any noncompliance with this rule, including attorney’s fees, unless the judge finds the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

      [As amended; effective September 1, 2004.]

      Rule 3.1.  Mediation.

      1.  Upon motion or by agreement of the parties, or upon the court’s own initiative if appropriate, the court may order the parties to engage in mediation.

      2.  “Mediation” means meeting with a mediator, selected by the parties, or, if the parties are unable to agree upon a mediator, assigned by the judge, for the purpose of reaching an early settlement of the entire lawsuit or as many legal and factual issues as possible.

      3.  The court may draw upon members of the Elko County Bar to serve as mediators in appropriate cases, taking into consideration any prior relationships between the parties or their counsel and prospective mediators which might impact the mediator’s effectiveness, as well as the experience of each prospective mediator in light of the nature and complexity of the case. Mediators may perform mediation services on a no-fee basis or at a reduced rate in appropriate cases in fulfillment of the member’s S.C.R. 191 responsibilities. In no event will a mediator be required by the court to perform mediation services for less than the mediator’s normal hourly rate for legal services.

      4.  In the event the parties agree to mediation or the court orders the parties to engage in mediation, unless the mediator agrees to perform mediation services on a pro bono basis, each party shall pay its pro rata share of the mediator’s fees.

      5.  In the event mediation is ordered as a result of a motion by a party or parties, the moving party or parties shall pay the entire amount of the mediator’s fees unless otherwise agreed by the nonmoving party or parties or as ordered by the court.

      [Added; effective September 1, 2004.]

      Rule 4.  Law and motion calendar.

      1.  Each Monday there shall be a “Law and Motion Calendar” for each department for matters which require less than 10 minutes or as otherwise allowed by the Court. The Law and Motion Calendar shall be set pursuant to the Standing Order.

      2.  Any party who wishes to have a matter placed on the Law and Motion Calendar shall have all necessary documents filed before the matter may be set on the Law and Motion Calendar and no later than 12:00 p.m. on that weekday immediately preceding the law and motion day.

      3.  Any person or attorney desiring to hear a matter at some time other than on the Law and Motion Calendar is instructed to contact the judicial assistant for that department for such calendaring arrangements.

      4.  The Law and Motion Calendar shall principally consist of uncontested motions, probates, guardianships and divorces.

      [As amended; effective September 1, 2004.]

      Rule 5.  Child custody and visitation cases.

      1.  Whenever a party files a pleading requesting the physical or legal custody of a child, or visitation with a child, or files a response to such a pleading:

      a. Said party shall deposit a file stamped copy of any such pleading in a box marked “Child Custody Pleadings” at the Court Clerk’s Office; and

      b. Said party shall strictly comply in all cases (including, without limitation, joint petitions for summary divorce, cases resolved by the default of a party or by stipulation of the parties) with the requirements of NRS 125A.120—“Information required with initial pleading; exceptions.”

      2.  Child custody decisions pursuant to the submission of a “Joint Petition” (see summary proceedings for divorce pursuant to Chapter 125 of the Nevada Revised Statutes), and child custody decisions submitted to the Court pursuant to the written stipulation of all parties, may be decided without a trial or a hearing unless otherwise required by the Court, but shall comply with the requirements concerning proposed order (see Rule 13(5)). All other child custody decisions (including cases wherein a parent has been defaulted or has failed to respond to a motion or petition), may not be decided without a trial or a hearing and the presence of any non-defaulted parent. All child custody cases must be calendared for trial pursuant to Rule 8(7).

      3.  All parties to a dispute concerning child custody or visitation shall strictly comply with S.C.R. 251 which requires such cases to be resolved within six months from the filing of the responsive pleading contesting child custody or visitation.

      4.  No contested child custody case may be set for trial without the completion of Court ordered “Mediation and/or Child Advocacy” as required by the Judge of that department. Compliance with Court ordered Mediation and/or Child Advocacy shall be in lieu of any required compliance with N.R.C.P. 16.1 as concerns any child custody or visitation issue. Whenever a pleading is filed which creates or responds to a child custody and/or visitation issue (including, without limitation, a complaint, answer, motion or petition) the party shall include within said document either:

      a. A request for Court ordered Mediation and/or Child Advocacy; or

      b. A statement describing why Mediation and/or Child Advocacy is unnecessary.

      5.  Mediation and Child Advocacy definitions and requirements:

      a. Child Custody Mediation:

             (1) “Child Custody Mediation” means the confidential meeting of the parties, without counsel, together with a Court designated mediator, for the purpose of reaching a “mediation agreement” which provides a child custody and visitation schedule in the best interest of the minor child(ren).

             (2) The mediator cannot be subpoenaed to testify concerning matters discussed during Child Custody Mediation without prior Court approval.

             (3) No mediation agreement may be submitted to the Court or considered binding until all counsel of record have approved said agreement. Where a party is not represented by counsel, the mediator must file a statement with the Court indicating:

             (a) That the mediation agreement appears to be fair to the parties and in the best interest of the child(ren); or

             (b) The concerns of the mediator why the mediation agreement may not appear to be fair to the parties and/or in the best interest of the child(ren).

             (4) A mediator may be any suitable person as determined by the Judge assigned to try the case.

      b. Child Advocacy:

             (1) “Child Advocacy” means an investigation for the purposes of making a recommendation to the Court concerning a custody/visitation schedule which will be in the best interest of the minor child(ren).

             (2) Child Advocates shall interview those persons with knowledge helpful to making a recommendation. All Child Advocacy investigations shall include, at a minimum, an interview with the parties and the child(ren) or a statement as to why such interviews were not conducted.

             (3) All Child Advocacy recommendations must describe the facts relied upon and the reasoning which resulted in the recommendation.

             (4) All Child Advocacy recommendations must be filed with the Court and served upon the parties. Prior to the filing of said recommendation, the Child Advocate cannot be deposed or otherwise subjected to discovery without prior Court approval. After the filing of said recommendation the Child Advocate may be deposed or otherwise subjected to discovery or be subpoenaed to testify as an expert witness at the expense of the party requesting the same. The Child Advocate shall be treated as a Court appointed expert. Any party calling the Child Advocate as a witness shall be, absent further order of the Court, responsible for all fees incurred by the Child Advocate after the filing of the recommendation. The written recommendation of the Child Advocate, together with all the facts relied upon therein, are admissible as evidence and need not be otherwise proven.

             (5) A Child Advocate must be a “person professionally qualified in the field of psychiatric mental health” as defined by NRS 433.209.

      c. The duties of the Child Custody Mediator and the Child Advocate duties shall never be served by the same person in the same case.

      6.  The Court may order, sua sponte or upon motion, Mediation and/or Child Advocacy in any child custody or visitation dispute.

      7.  All settlement agreements (including agreements resulting from mediation) and all Child Advocacy recommendations must contain a custody/visitation schedule written in terms easily understood so as to be enforceable and shall be at least as specific as a sample schedule provided by the Court. Said custody/visitation schedule shall specifically describe:

      a. The dates and times of custody and/or visitation;

      b. The places where the transfers of custody shall take place; and

      c. The transportation responsibilities of the parties concerning said transfers.

      8.  Absent good cause, any party who refuses to accept the terms and conditions contained within the Child Advocate recommendation and who is subsequently unable to obtain relief substantially better than is contained in the recommendation of the Child Advocate, may be required to pay reasonable attorney fees and costs incurred by the other party following the filing of said recommendation.

      9.  Prior to the trial or hearing concerning any child custody dispute, each party shall attend a course provided by the Fourth Judicial District Court. The purpose of said course is to assist parents in methods of protecting their children from the harmful effects following the separation of their parents. Any party may be released from the required attendance by sua sponte order of the Court or may attend a similar type of program or workshop in another jurisdiction or venue provided the party has received prior Court approval.

      [As amended; effective September 1, 2004.]

      Rule 6.  Child support, spousal support and temporary fees.

      1.  Whenever a party files a pleading requesting child support, that pleading shall indicate whether or not that party is currently receiving public assistance. If so, that party shall serve a file stamped copy of said pleading upon the Child Support Division of the Elko County District Attorney’s Office and the chambers of the Court.

      2.  Whenever a party files a pleading requesting child support arrearages, said party shall file, with the initial pleading, a “Child Support Arrearage Payment Schedule” showing the date each periodic payment was due and the date each payment was received, to the best of that party’s knowledge.

      3.  Whenever a party files a pleading requesting child support, spousal support or temporary attorney fees, and whenever a party files a pleading opposing such a request, all said pleadings shall include:

      a. An affidavit or verification by that party indicating his/her employment and income during the past 3 years, including that party’s present employment and income; and

      b. A copy of that party’s income tax returns, with attached W2 Forms, as filed with the IRS for the past 3 years.

 

      Rule 7.  Paternity cases.  Whenever an inquiry is made concerning the needs of a child born out of wedlock for child support, custody or visitation, or the establishment of a parent and child relationship, all employees of the Court and the Court Clerk’s Office, as well as all attorneys practicing within the Fourth Judicial District Court, shall inform such inquiring person of the duties of the District Attorney to assist in such cases pursuant to NRS 126.071 and 126.291.

 

      Rule 8.  Setting of cases for trial/mandatory pretrial settlement conference.

      1.  Criminal trials shall be set in a manner prescribed by the Judge assigned to try the case. All parties shall strictly comply with all pretrial orders entered by the court.

      2.  No civil case may be calendared for trial unless:

      a. There has been a “Case Management Conference” as required by Rule 3; or

      b. There has been compliance with Divided Family Workshop and/or Mediation/Child Advocacy as required by Rule 5; or

      c. The court has waived the requirements contained in subsections 2(a) and/or 2(b), above.

      3.  Whenever a civil case is set for a trial the parties shall have completed or shall have calendared a “pretrial settlement conference,” which shall be conducted not less than 45 days before trial, unless otherwise agreed by the parties and approved by the court. The requirement for a pretrial settlement conference is in addition to the requirements for Divided Family Workshop and/or Mediation/Child Advocacy, if ordered by the court in child custody proceedings (see Rule 5). A “pretrial settlement conference” means meeting with an active or retired District Judge or other suitable person, assigned by the trial Judge, for the purpose of reaching a settlement of the entire lawsuit or as many legal and factual issues as possible. The pretrial settlement conference shall not be conducted before the Judge assigned to try the case unless otherwise agreed by the parties and approved by the Judge; such an agreement by the parties shall constitute a waiver of any claim that the Judge has an actual or implied bias solely by reason of the Judge’s participation in the pretrial settlement conference. Unless excused all parties and their attorneys shall be present together with any other person necessary for settlement authority.

      4.  Any party wishing to set a civil matter for trial shall first attempt to reach a stipulated calendar date for said trial by contacting all parties together with the judicial assistant for that department. Conference calls between the parties and the judicial assistant are encouraged. If the parties can agree to a date for the trial with the judicial assistant, the judicial assistant shall then prepare an order for the Court’s signature indicating the date the matter is to be tried, the number of days set aside for the trial of said matter, whether the matter will be tried by a jury or by the Court, whether or not a court reporter has been requested and by whom, and the date and time of the pretrial settlement conference.

      5.  If a party cannot obtain a stipulated calendar date for setting a civil trial by contacting all the parties and the judicial assistant, then that party may file a “Motion to Set Trial,” and have the matter heard on the Court’s Law and Motion Civil Calendar, upon giving 10 days’ written notice to all parties. Said motion shall contain the following paragraph:

 

“The undersigned has attempted to reach a stipulated trial date in this matter with the other parties and the judicial assistant and has been unable to do so. Therefore, notice is hereby given that the undersigned shall appear before this Court on the law and motion calendar at .......... p.m./a.m. on Monday the .......... day of .........., 20.........., for the purpose of having this Court set this matter for trial.”

 

At the hearing on the motion to set trial the Court will hear arguments concerning the setting of the matter for trial and will then enter the appropriate order. At said hearing the Court shall consider awarding attorney fees and costs against any party who has failed to cooperate in calendaring the matter for trial without a hearing or who has unreasonably refused to set a timely date for trial.

      6.  If a case has been set for trial and is subsequently settled, counsel for the parties shall immediately notify the judicial assistant. Failure to immediately notify the Court of a final settlement, or the misrepresentation that there has been a final settlement when there has not, is a significant violation of these rules and subjects an attorney and/or the attorney’s client to sanctions.

      7.  In all civil cases involving child custody and/or child visitation the parties must cause to be issued an Order Setting Trial Date within 10 days following the filing of the Child Advocate’s report or Mediation Agreement. The trial date contained in said Order Setting Trial Date must be set as soon as possible and no later than within 6 months from date that any child custody and/or child visitation issues were contested by the filing of any responsive pleading. Unless this requirement is waived by the Court, the Court may set the case for trial at its own discretion, or dismiss the case without prejudice.

      [As amended; effective September 1, 2004.]

      Rule 9.  Transfer to juvenile court.

      1.  Absent prior approval of the Juvenile Judge, all motions/petitions for the certification of a criminal defendant for treatment as a juvenile, pursuant to NRS 62.060, shall be:

      a. Filed only after a preliminary hearing and the filing of the preliminary hearing transcript; and

      b. Accompanied by an affidavit of the defendant indicating:

             (1) The place, date and disposition of each arrest suffered by the defendant;

             (2) The defendant’s educational history, specifically indicating why the defendant failed to complete high school, if applicable;

             (3) The defendant’s occupational history, specifically indicating why any employment was terminated, if applicable;

             (4) The defendant’s military experience and type of discharge, if applicable;

             (5) The defendant’s present relationship to any family member from whom the defendant can expect any form of support; and

             (6) Any other relevant information.

 

      Rule 10.  Capital punishment cases.

      1.  Pursuant to S.C.R. 250, a “Pool of Capital Punishment Attorneys” qualified for appointment as lead or assisting defense counsel in capital punishment cases, shall be set forth in the Standing Order. All appointments of defense counsel in criminal cases which could potentially result in the death penalty shall be made from said pool by the Justice of the Peace only after conferring with, and gaining the approval of, the District Judge assigned to try the case.

      2.  Attorneys who desire to become capital punishment qualified as lead counsel may apply to the District Judges by verified petition. Said petition shall:

      a. Specifically describe the criminal jury trials which petitioning counsel has tried through a jury verdict within the past three (3) years (including the names of the District Judges before whom the cases were tried);

      b. Indicate that the petitioning attorney has acted as lead or assisting counsel in at least one capital punishment case, having completed both the guilt and penalty phase;

      c. Indicate how said petitioning attorney has met the minimum requirements of S.C.R. 250; and,

      d. Having attached the written recommendation of at least one Nevada District Judge who presided over a capital punishment case tried through a jury verdict and penalty phase by said attorney.

      3.  Attorneys who desire to become capital punishment qualified as assisting counsel may apply to the District Judges by verified petition. Said petition shall specifically describe the criminal jury trials which petitioning counsel has tried through a jury verdict within the past three (3) years (including the names of the District Judges before whom the cases were tried).

      4.  In order to qualify local counsel for said “Pool,” whenever the Justice Court is required to appoint counsel from outside Elko County for a death penalty case, one local counsel shall also be appointed to assist lead counsel.

      5.  Appointments of “assisting counsel” shall be made from said pool by the Justice of the Peace only after conferring with, and gaining the approval of, the District Judge assigned to try the case.

 

      Rule 11.  Motion practice.

      Scope:

      1.  This rule applies to all motions of a contested nature, both criminal and noncriminal.

      2.  This rule does not apply to ex parte motions (see Rule 12) or to proposed orders stipulated to by all parties (see Rule 13).

      3.  All motions for summary judgment must be filed at least 30 days before the first day of trial.

      4.  Any affidavit filed pursuant to this rule shall contain only factual, evidentiary matter, shall conform with the requirements of N.R.C.P. 56(e) and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in party. (See D.C.R. 13(5)).

 

      The Motion:

      5.  All motions shall contain a brief statement particularly describing the relief sought. The motion shall include, or shall be filed simultaneously with, the following:

      a. A memorandum of “points and authorities” in support of the motion.

      b. A “notice of motion” which shall include one of the following two alternatives:

             (1) “A hearing on this motion is not requested”; or,

             (2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that .......... hours should be set aside for the hearing on this motion.”

      c. Proof of service of the motion and all supporting documents.

      6.  All motions shall be accompanied by affidavits in support of any factual contentions involved in the motion. The absence of affidavits may be construed by the Court as an admission that there is no proof in support of any factual contentions asserted in the motion.

      7.  The absence of a memorandum of points and authorities may be construed by the Court as an admission that the motion is not meritorious and cause for its denial or as a waiver of all grounds not so supported.

      8.  Points and authorities shall, at a minimum, identify the facts and legal authorities which support the motion, and exhibits shall automatically be deemed to be incorporated by reference, unless otherwise indicated. The failure to identify both the facts and legal authorities which support the motion shall be equivalent to the absence of a memorandum of points and authorities.

 

      The Opposition:

      9.  Within 10 days after the service of the motion, the opposing party shall serve and file a written opposition thereto. Each opposition shall contain a brief statement describing the extent to which the relief sought by the moving party is contested. Unless the entire relief sought is contested, the opposing party shall particularly delineate which portions of the relief sought in the motion are being contested. The opposition shall include, or shall be filed simultaneously with, the following:

      a. A memorandum of “points and authorities” in opposition to the motion.

      b. A “notice of opposition” which shall include one of the following two alternatives:

             (1) “A hearing on this motion is not requested”; or

             (2) “A hearing on this motion is requested and a court reporter is/is not requested. It is estimated that .......... hours should be set aside for the hearing on this motion.”

      c. Proof of service of the motion and all supporting documents.

      10.  All oppositions shall be accompanied by affidavits in support of any factual contentions involved in the motion. The absence of affidavits filed with the opposition may be construed by the Court as an admission that the factual contentions supported by affidavits filed in support of the motion are true.

      11.  Failure of the opposing party to timely serve and file a written opposition, together with supporting points and authorities, may be construed by the Court as an admission that the motion is meritorious and a consent to granting the same.

      12.  Counsel may extend the time for filing an opposition, without an order of the Court, upon the filing of a written stipulation.

      13.  Points and authorities shall, at a minimum, identify the facts and legal authorities which support the opposition, and exhibits shall automatically be deemed to be incorporated by reference, unless otherwise indicated. The failure to identify both the facts and legal authorities which support the opposition shall be equivalent to the absence of a memorandum of points and authorities.

 

      The Reply:

      14.  The moving party may serve and file reply points and authorities within 5 days after service of the points and authorities in opposition.

 

      Review by the Court:

      15.  The trial Judge is ordinarily unaware of the existence of any contested motion until the filing of a “Request for Review.” Any party may file a Request for Review whenever a motion is at issue. Whenever a party has filed a “Request for Review,” the Court Clerk shall deliver that file to the chambers of the Court for consideration of the motion. A motion is “at issue” when any of the following occur:

      a. By stipulation of all parties;

      b. Ten (10) days pass after the service of the motion and no opposition has been filed; or

      c. Five (5) days pass after the service of the opposition to the motion, regardless of whether or not there has been a reply filed.

      16.  Whenever the Court is presented with a motion which is at issue, the Court shall rule on the motion or, in its discretion, order the judicial assistant to set the matter for hearing. If the Court orders that a hearing be set, the judicial assistant shall contact the parties and determine the earliest date when the motion may be heard and whether any party desires the attendance of the court reporter. Following the selection of a date and time for the hearing, the judicial assistant shall prepare an order for the Court indicating the date and time for the hearing, the length of time set aside for the hearing and whether or not a court reporter is requested and by whom. After the Court has signed the order setting the motion for hearing, the judicial assistant shall then serve the parties with a copy of said order.

      17.  A decision may be rendered without a hearing unless oral argument or an evidentiary hearing is ordered by the Court, in which event the Court will issue an order setting a date and time for a hearing.

      18.  A courtesy copy of the Request for Review shall be provided to the Judge’s chambers by counsel when the original is filed. The courtesy copy may be delivered to the Judge’s chambers by hand, by United States mail, by facsimile or by electronic mail.

      [As amended; effective September 1, 2004.]

      Rule 12.  Ex parte orders.

      1.  After the filing of any domestic relations action, ex parte orders mutually restraining the parties from physical violence, harassment, the emotional alienation of a child from a parent, the interference with employment, or the dissipation or waste of any community property will be freely granted in orders provided by the Court. Except for an ex parte motion specifically allowed by these rules, or an ex parte motion seeking an order shortening the response time for motions, or an ex parte motion for an Order to Show Cause for Contempt, all other ex parte orders are disfavored and counsel are encouraged to move with notice and in strict compliance with N.R.C.P. 65.

      2.  No proposed ex parte order, except an order to allow an indigent to file an action without payment of fees, shall be presented to a Judge for signing before the case has been filed with the Court Clerk, given a case number and assigned to a department.

      3.  No proposed ex parte order shall be presented to a Judge, the subject matter of which has been previously presented to another Judge, without fully disclosing all circumstances surrounding the previous review.

      4.  No proposed ex parte order which would affect child custody or visitation shall be presented to a Judge without said order setting the matter for a hearing within 10 days from the issuance of said order.

      5.  Whenever the Court has issued an ex parte order, the party obtaining it shall forthwith serve upon each party in the case a copy of the order and all papers upon which it was based.

      [As amended; effective September 1, 2004.]

      Rule 13.  Submission of proposed orders.

      1.  This rule applies to all proposed orders, except proposed ex parte orders which shall comply with Rule 12. It is the purpose of this rule that all orders submitted to the Court for signature accurately reflect either the instructions of the Court or the request to the Court by all parties to the action. It is also the purpose of this rule that all counsel of record have an opportunity to review a proposed order prior to its submission. All counsel shall make a good faith effort to agree upon the form of any proposed order in furtherance of this purpose.

      2.  No proposed order shall be submitted to the Court on an attorney’s personalized pleading paper.

      3.  All orders submitted to the Court for consideration shall, to the extent possible, stand alone without reference to attached documents. Upon assignment of a case to a department, all proposed orders shall contain the name of the Judge and department immediately below the signature line.

      4.  Whenever an attorney comes into possession of an original order signed by the Court or upon notification by the Court that a submitted order has been signed by the Court, that attorney shall immediately file said order with the Court Clerk.

      5.  In the event a proposed order is prepared by a party pursuant to an order of the Court, the party preparing the proposed order shall submit the proposed order to all other parties in the case for review prior to submission to the Court. Should the other parties not provide any comments with respect to the proposed order within 5 days of service of a copy of the proposed order for review, subject to the court’s discretion, the proposed order shall be deemed acceptable to all parties and may then be submitted to the Court. Should the parties disagree concerning the contents of the proposed order, each party shall submit a separate proposed order to the Court.

      [As amended; effective September 1, 2004.]

      Rule 14.  Appearances; substitutions; withdrawal or dismissal of attorneys.

      1.  Appearance:  When a party has appeared by counsel, that individual cannot thereafter appear on his/her own behalf in the case without the consent of the Court. Counsel who has appeared for any party shall represent that party in the case and shall be recognized by the Court and by all parties as having control of the client’s case until counsel withdraws, another attorney is substituted, or until counsel is discharged by the client in writing, filed with the Court Clerk. Said withdrawal, substitution or discharge shall be in accordance with S.C.R. 46, 47, 48 and this rule. The Court, in its discretion, may hear a party in open Court although the party is represented by counsel.

      2.  Counsel in any case may be substituted, allowed to withdraw or dismissed, in accordance with S.C.R. 46, 47, 48 and this rule:

      a. Substitution of Attorneys:  Any substitution of attorneys must be approved by written order of the Court. When a new attorney is to be substituted in place of the attorney withdrawing, the written consent of both the withdrawing and substituting attorneys and the client shall be filed with the Court. There shall also be delivered to chambers a proposed order by all parties allowing said substitution (see Rule 13) or compliance with the Motion Practice Rule seeking the Court’s approval of said substitution (see Rule 11). The signature of an attorney to substitute such attorney into a case constitutes an express acceptance of all dates then set for trial or hearing, or in any Court order.

      b. Withdrawal by Counsel During Pendency of Case:  Any withdrawal of an attorney of record in a case must be approved by written order of the Court. Any attorney desiring to withdraw from a case shall file an affidavit indicating the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, together with all other known addresses and phone numbers where the client might be contacted. When an attorney wishes to withdraw, there shall also be delivered to chambers a proposed order by all parties, including the client of the withdrawing attorney, allowing said withdrawal (see Rule 13) or compliance with the Motion Practice Rule seeking the Court’s approval of said withdrawal (see Rule 11).

      c. Withdrawal by Counsel When Case Is Completed:  After judgment or final determination of a case, an attorney may withdraw without a court order pursuant to S.C.R. 46. When an attorney of record wishes to withdraw following the completion of the case, said attorney shall file a “Notice of Withdrawal” and serve said document upon all parties or their attorneys who have appeared in the action. Counsel wishing to withdraw shall include in said “Notice of Withdrawal” the address, or last known address, at which the client may be served with notice of further proceedings taken in the case. Failure to include the information required by this paragraph nullifies ab initio the “Notice of Withdrawal” and said attorney remains the attorney of record for all purposes.

      d. Dismissal of Counsel by Client:  Any client wishing to dismiss their attorney of record in a case must have said dismissal approved by written order of the Court. Said client shall file a motion and affidavit to have such dismissal approved by the Court, and served upon all parties or their attorneys who have appeared in the action. Said client shall include in said affidavit the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for dismissal is granted, together with all other known addresses and phone numbers where the client might be contacted. The Motion Practice Rule shall then be complied with (see Rule 11).

      3.  Any submitted order permitting the substitution, withdrawal or dismissal of any attorney shall contain the address at which the substituted attorney or unrepresented party can be served with notice of all further proceedings.

      4.  Except for good cause shown, no application for the substitution, withdrawal or dismissal of an attorney shall be granted within 30 days of a trial or within 15 days of a hearing in the case. For purposes of this paragraph, the failure of the client to compensate counsel does not constitute good cause. Substitution, withdrawal or dismissal of an attorney may not be grounds to delay a trial or other hearing.

      5.  A corporation may not appear in proper person.

 

      Rule 15.  Filing of faxed documents.

      1.  No document may be filed by direct faxing to the Court Clerk’s Office.

      2.  A faxed document, including any signature page, may be filed with the Court Clerk in lieu of the original if:

      a. It is presented on plain paper;

      b. It is clearly legible in its entirety; and

      c. It otherwise complies with all applicable requirements, including the payment of any filing fees.

      3.  The party filing a faxed document shall preserve the original until the completion of the case.

 

      Rule 16.  Trial statements.

      1.  At least 10 days prior to a civil trial, counsel for all parties shall meet or discuss by telephone, and stipulate to as many facts and issues as possible, or state why they cannot do so. A certification that this portion of this rule has been complied with shall be annexed to the trial statement and made a part thereof.

      2.  Unless otherwise ordered by the court, at least 5 days prior to a civil trial, each party shall file and serve on all other parties a trial statement which shall set forth the following matters in the following order:

      a. A concise statement of the claimed facts supporting the party’s claims or defenses.

      b. A statement of admitted or undisputed facts.

      c. A statement of issues of law supported by a memorandum of points and authorities.

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

      e. The names and addresses of all witnesses, except impeaching witnesses.

      f. A list of special questions requested to be propounded to prospective jurors.

      g. Any other appropriate comment, suggestion, or information which may assist the court in the trial or disposition of the case.

      h. Any other information required by the Court.

      i. A list of exhibits which the parties have stipulated to be admitted.

      j. A list of exhibits offered by the opposing party which are objected to and the reasons for the objections.

      k. A list of any pending motions which have not been resolved.

      l. Any other appropriate comment, suggestion or information which may assist the Court in the trial or disposition of the case.

      3.  In contested domestic relations cases, the parties shall complete and file with the court and serve on the opposing party a financial declaration no later than 5 days prior to the date set for the trial or hearing.

      4.  At the request of the Court or counsel, the Court may order a settlement conference in addition to the Pretrial Settlement Conference or mediation pursuant to Rule 3.1.

      [Added effective September 1, 2004.]

      Rule 17.  Jury instructions.

      1.  In civil cases, counsel for the parties shall meet and stipulate to a set of standard instructions which the Plaintiff will then submit to the Court no later than 5 judicial days prior to trial.

      2.  Proposed special instructions shall be delivered to the trial Judge and opposing counsel at least 2 days prior to trial.

      3.  All proposed jury instructions shall be in clear, legible type on clean, white, heavy paper, 8 1/2 by 11 inches in size, and not lighter than 16-lb. weight with a black border line and no less than 24 numbered lines.

      4.  Counsel may submit proposed jury instructions to the Court in an electronic format approved by the Court.

      5.  The designation “Instruction No. _____” shall be at the top center of each page.

      6.  All special instructions shall be accompanied by a duplicate instruction which cites to authority. The citation shall be located in the lower left corner of each page.

      7.  Counsel should be prepared to settle jury instructions immediately following the completion of the taking of evidence.

      [Added effective September 1, 2004.]

      Rule 18.  Exhibits and contested evidence.

      1.  Prior to a trial or hearing, counsel for the parties shall meet or discuss by telephone, and stipulate to the admission of as many exhibits as possible. Such stipulation will avoid the need for foundational witnesses.

      2.  All proposed exhibits shall be presented to the Court Clerk to be marked at least 1 judicial day prior to a trial or hearing.

      3.  Copies of proposed exhibits shall be furnished to the opposing party before a trial or hearing commences. This rule does not relieve a party of the duty to provide discovery under any other rule or statute.

      4.  Counsel shall file all motions in limine in advance of trial as ordered by the Court. This will provide the Court an opportunity to consider the admissibility of contested exhibits or other evidence.

      [Added effective September 1, 2004.]

      Rule 19.  Pretrial conference.

      1.  The Judge may require a pretrial conference or counsel may request a pretrial conference by motion.

      2.  Pretrial conferences may, if the parties so stipulate, include settlement negotiations. The parties may further stipulate to allow the Court to engage in separate, private discussions with parties outside the presence of other parties for the purpose of facilitating settlement of the case.

      3.  The judge may, for good cause, continue the pretrial conference for a limited period of time.

      4.  Statements of counsel made at the pretrial conference are not admissible in evidence, unless so provided by a pretrial order.

      [Added effective September 1, 2004.]

      Rule 20.  Application of rules.  These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. As a result, any requirement contained in these rules may be waived by the Court upon good cause shown.

      [Added effective September 1, 2004.]

      Rule 21.  Sanctions for noncompliance.  If any party or any attorney fails and/or refuses to comply with these rules, the Nevada Rules of Civil Procedure, the District Court Rules, the Supreme Court Rules, or any other requirement of Nevada law, the Court may, after notice and an opportunity to be heard, make such orders and impose such sanctions as are just, including, but without limitation, the following:

      1.  Hold the disobedient party or attorney in contempt of court.

      2.  Continue the hearing or trial until the disobedient party or attorney has complied with the requirements imposed and require the disobedient party to pay the opposing party’s expenses incurred to prepare for and attend the hearing or trial, including, but not limited to, reasonable attorney’s fees and witness fees.

      3.  Refuse to allow the disobedient party or attorney to support or oppose designated claims or defenses, or prohibit the introduction into evidence of designated documents or things or items of testimony.

      4.  Set the case for immediate trial.

      5.  Make an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party.

      [Added effective September 1, 2004.]