[Rev. 10/10/2007 2:39:08 PM]
RULES OF PRACTICE FOR THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
APPROVED BY THE SUPREME COURT OF NEVADA
Effective February 1, 1991
and Including
Rules Current Through September 1, 2007
ORDER
It Is Hereby Ordered that the Rules of Practice for the Ninth Judicial District of the State of Nevada be, and they hereby are, adopted. The Rules shall read as follows:
(Then followed Rules 1 to 22, inclusive.)
It Is Further Ordered that the Rules of Practice for the Ninth Judicial District of the State of Nevada approved by this Court on September 4, 1986, are hereby superseded and repealed, effective February 1, 1991; and that publication of these superseding rules be made by the mailing of a printed copy by the clerk of the Court to each member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 the certificate of the clerk of this Court as to such mailing shall be conclusive evidence of the approval and publication of such rules in accordance with the provisions of NRS 2.120(2).
Dated this 28th day of November, 1990.
BY THE COURT
Cliff Young, Chief Justice
Charles E. Springer John C. Mowbray
Associate Justice Associate Justice
Thomas L. Steffen Robert E. Rose
Associate Justice Associate Justice
RULES OF PRACTICE FOR THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
Rule 1. Applicability and citation of rules.
(a) These rules shall be known and shall be cited as the Ninth Judicial District Court Rules, or N.J.D.C.R.
(b) These rules govern the procedure and administration of the Ninth Judicial District Court and all actions or proceedings cognizable therein. They must be construed so as to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice.
(c) Whenever the Judge who will try the case, upon motion of either party or upon the Judge’s own motion, determines that a case should not follow the regular procedure, the court shall make such orders as the interests of justice require.
(d) These rules govern the procedure in this court in criminal actions, insofar as they are applicable directly or by analogy, unless these rules conflict with any applicable constitutional provision or any statute of the United States or of the State of Nevada, or any applicable rule or order of the Supreme Court of the United States, or of the Supreme Court of the State of Nevada having the force of law.
Rule 2. Organization of the court.
(a) The Ninth Judicial District consists of two (2) departments.
(b) 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 act in the department of the other without specific assignment of the actions.
(c) All civil and criminal actions shall be assigned by the Court Clerk to a department when filed with the Court Clerk.
(d) Cases will not be reassigned unless upon good cause and upon order signed by both Judges, or upon disqualification or as otherwise provided by rule or law.
Rule 3. Law and motion calendar.
The law and motion calendar shall be called as follows:
Department 1—Each Tuesday
Department 2—Each Monday
9:00 a.m. Uncontested civil calendar and probate proceedings.
9:30 a.m. Criminal calendar.
11:00 a.m. Juvenile proceedings.
(a) The Ninth Judicial District Court has adopted the mandatory, non-binding “Nevada Arbitration Rules” and any amendments thereto promulgated by the Supreme Court of the State of Nevada.
(b) Those civil cases commenced in this court that are subject to the mandatory provisions of the “Nevada Arbitration Rules” will be processed and governed as provided in said rules except that the monetary threshold shall remain at $25,000, and the arbitration commissioner will submit any request to exempt or remove a case from the arbitration program to the district judge to whom the case is assigned to determine whether exemption or removal is warranted.
(c) The special master is designated as the “arbitration commissioner” for purposes of the “Nevada Arbitration Rules.”
[Amended; effective October 15, 2003.]
Rule 5. Setting of civil cases.
(a) All contested matters shall be set on dates agreeable to counsel and the court. After the case conference meeting and after the filing of the Case Conference Report (N.R.C.P. 16.1(b),(c)), the Court Clerk shall issue a N.R.C.P. 16.1 Setting Order. The Court Clerk shall send to counsel an Information Questionnaire and a date to appear to set the trial date. If the questionnaires are not returned, counsel may appear at 10:00 a.m. on the trial setting morning before the Judicial Assistant for an application for setting of trial. The Judicial Assistant shall set the matter to be heard on a date satisfactory to counsel present. If the questionnaires are not returned, and if there is not a personal appearance by counsel, then the trial will be set at the convenience of the court. Time shall be computed as provided in N.R.C.P. 6.
(b) If the parties cannot agree on a trial date, the Judicial Assistant shall set the case for trial on the first available date.
(c) Any party who seeks relief from the trial setting shall do so no later than ten (10) days after the date the matter is set for trial.
(d) Multiple settings shall be made by the Judicial Assistant as the Judge may direct. Matters which cannot be heard in the department in which set because of a conflict may be assigned to another department to be heard, if possible, at the same time as originally set. If an assignment is not possible, the Judicial Assistant shall immediately advise counsel for all parties. The matter is entitled to priority for resetting. Criminal matters have priority over civil matters, unless otherwise provided by law or by the court.
(e) If a case is settled, counsel for the parties shall immediately notify the Judicial Assistant and Judge in writing.
Rule 6. Motions: Procedure for supporting and deciding.
(a) All motions and similar moving documents, unless made during a hearing or trial, shall be in writing, and if requiring testimony, shall comply with the notice requirements of N.R.C.P. 6(d).
(b) A motion or response accompanied by a memorandum that consists of bare citations to statutes, rules or cases, does not comply with D.C.R. 13, and the court may decline to consider the motion or response.
(c) Proposed orders shall accompany the motion and opposing memorandum.
(d) Upon the expiration of the time for filing a reply and points and authorities, the Judicial Assistant shall submit the matter to the Judge for decision. A written or oral request for submission on the motion is unnecessary.
(e) Decisions on all motions, except as otherwise provided for in these rules or by statute, shall be rendered without oral argument, unless oral argument is requested by:
(1) The court, in which event the court shall set a date and time for hearing; or
(2) Either party at the time of filing the motion or the response thereto, in which event the court may set a date and time for a hearing.
In all cases where the granting of a motion would dispose of the action on the merits, and with prejudice, the court shall grant oral argument on the request of the opposing party. If no such request is made, oral argument shall be deemed to be waived.
(f) On motions for summary judgment, each party shall file a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, and cite the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other matter upon which he or she relies in making such argument.
(g) Motions to compel discovery or for sanctions for failure to provide discovery will not be considered unless a statement of the movant is attached thereto, certifying that, after personal consultation and a good faith effort to comply, counsel has been unable to satisfactorily resolve the matter.
Rule 7. Affidavits on motions.
(a) Factual contentions involved in any pretrial or post trial motion must be initially presented and heard upon affidavits, depositions, answers to interrogatories, and admissions.
(b) Each affidavit shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains, and must be served and filed with the motion, opposition, or reply to which it relates.
(c) Affidavits must contain only factual, evidentiary matter, conform with the requirements of N.R.C.P. 56(e), and avoid mere general conclusions or arguments. Affidavits substantially defective in these respects may be stricken, wholly or in part.
(a) Ex parte orders are not favored and counsel are encouraged to move with notice whenever possible.
(b) No ex parte order shall be presented to a Judge for signing before the case has been filed with the clerk and given a case number.
(c) Ex parte orders and orders based upon written stipulation of counsel or in connection with any uncontested matters, shall be signed only by the Judge of the department in which the case is pending, unless that Judge designates another Judge to hear the application. If there is no such designation, and the Judge of the department in which the case is pending is unavailable, the ex parte order may be signed by the Judge assigned to the other department.
(d) Whenever the court has issued an ex parte order, the party obtaining it shall serve upon each party who has appeared in the case, within which time as prescribed by the court, a copy of the order and the papers upon which it was based, except that an order to show cause shall be served within the time fixed by the order.
A continuance of any matter set for trial or hearing on the merits will be granted by the court in the following situations:
(a) Upon compliance with D.C.R. 9 or 14;
(b) Upon the court’s own motion when necessary due to the other business of the court; or
(c) Upon the written stipulation of counsel and parties, and upon the written approval of the presiding Judge, obtained not less than ten (10) days prior to the date for a jury trial or not less than five (5) days prior to the date for a non-jury trial or hearing. Stipulations are not binding on the court. Good cause must be shown for all continuances.
Rule 10. Extension or shortening of time.
(a) All applications for extensions of time shall be made by motion and upon five (5) days notice to all parties and to the Judge who shall set the motions for early hearing.
(b) No ex parte motion for extension of time shall be granted, except that the court may, upon the filing and service of a notice of motion for extension of time pursuant to D.C.R. 17, and upon a showing of good cause, order a temporary extension pending the determination of the ex parte motion. A motion made under this rule must comply with N.J.D.C.R. 6.
(c) For good cause, the Judge may make ex parte orders shortening time upon notice given as required for extending time by D.C.R. 17.
Rule 11. Copies of all pleadings to all parties.
In all cases having more than one party plaintiff or defendant, or both, represented by separate counsel of record, each party shall furnish to counsel of record for each party who has appeared, copies of all papers served upon any party. After any new or additional party makes its first appearance of record in the proceeding, all parties shall provide to counsel for the newly appearing party copies of all pleadings and papers previously filed by them in the action.
Rule 12. Documents of the court; pleading requirements.
(a) Every document presented to a Judge for his or her signature, including orders, findings, conclusions of law and judgments, and every paper presented for filing, shall bear a designation of what it purports to be, the number and title of the case, and the name of the attorney who presented same with his or her office address and telephone number immediately thereafter.
(b) All proposed findings, conclusions of law, judgments and decrees, and orders affecting the title to or creating or affecting a lien upon real or personal property, appealable orders, and such other orders as the court may direct, shall be prepared, in writing, by the prevailing party, and shall embody the court’s decision, where applicable, and incorporate the decision by reference, unless the court otherwise orders. The prevailing party shall submit to the Court Clerk a copy of any such document and the Court Clerk shall in turn submit them to the court. If the opposing party intends to object to the form or substance of any such document or move to amend it, he or she shall do so within five (5) days after the proposed findings and judgment are filed with the court.
(c) All orders presented to a Judge for his or her signature, whether pursuant to stipulation or otherwise, must be on a separate sheet of paper and properly entitled in the court and cause.
(d) All pleadings and documents intended for the files of this court shall be on paper known a “legal cap” of good quality and without interlineation, unless noted thereon by the clerk at the time of filing.
(e) All documents must be double spaced, while quotations of authority cited may be single spaced. Pages shall be numbered consecutively at the bottom.
(a) A copy of a proposed amended pleading must be attached to any motion to amend the pleading. Unless otherwise permitted by the court, every pleading to which an amendment is submitted as a matter of right, or has been allowed by order of the court, must be retyped or reprinted and filed so that it will be complete in itself, including exhibits, without reference to the superseded pleading. No pleading will be deemed to be amended until there has been compliance with this rule.
(b) All amended pleadings must contain copies of all exhibits referred to in such amended pleadings. A pleader may, upon ex parte application, obtain an order from the court directing the Court Clerk to remove any exhibit attached to prior pleadings and attach the same to the amended pleading.
The Court Clerk is authorized to refuse to file any document or pleading which is not in proper form or properly signed by all parties who are required to sign the same pursuant to applicable provisions of the Nevada Rules of Civil Procedure.
Rule 15. Pretrial conferences.
(a) The Trial Judge may require a pretrial conference upon the Judge’s own motion or upon a motion made at least thirty (30) days prior to trial.
(b) Pretrial conferences shall include settlement negotiations.
(c) The Judge may, for good cause, continue the pretrial conference for a limited period of time, except that the time shall not be extended more than one hundred eighty (180) days after service of the summons and the complaint, pursuant to N.R.C.P. 16.1(a).
(d) Statements of counsel made at a pretrial conference are not admissible in evidence, unless so provided by a pretrial order.
(e) In suits for divorce, each party shall file with the court and serve on the opposing party a disclosure statement of all assets and liabilities and all income and expenses on such forms as the Court Clerk shall supply. Each party shall file and serve those disclosure forms within forty (40) days of service of the complaint or ten (10) days prior to the Early Case Conference held pursuant to N.R.C.P. 16.1, whichever is earlier. The form shall be amended forthwith as material information is obtained. The requirement to file and serve and to amend may not be waived as to content or time except by order of the court, for good cause shown. Failure to timely serve or amend shall subject the party, or his or her attorneys, or both, to such sanctions as the court deems just as relates not only to the subject case but also to the efficient administration of justice in this district.
(f) In motions to modify child support or spousal support, the income and expense disclosure form prescribed by the court shall be filed and served on the opposing party or their counsel at the time of filing the motion and shall be filed and served by the responding party at the time of filing a response, or twenty (20) days from the date of service of the motion, whichever is earlier. Said forms shall be amended forthwith as material information is obtained. This requirement as to filing and amendment may not be waived as to content or time except by order of the court for good cause shown. Failure to timely serve or amend shall subject the party, or his or her attorneys, or both, to such sanctions as the court deems just as relates to the subject case in the efficient administration of justice in this district.
(g) Filing and service of such prescribed forms shall not supplant nor limit such discovery as either party is entitled to undertake pursuant to the Nevada Rules of Civil Procedure.
(a) The Ninth Judicial District Court has established the position of special master.
(b) The parties to a civil action may stipulate in writing to, or the judge to whom the case has been assigned may order, the appointment of the special master to report upon particular issues in the case, including discovery matters, the holding of settlement conferences, other alternate dispute resolution methods, domestic referee proceedings and any other matters permitted by law.
(c) Except as otherwise provided by statute or rule, the special master must file written findings of fact and recommendations with the district judge within 10 days after the evidence presented in the matter is closed.
(a) At least ten (10) days prior to trial, counsel for all parties shall meet 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.
(b) At least five (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:
(1) A concise statement of the claimed facts supporting the party’s claims or defenses.
(2) A statement of admitted or undisputed facts.
(3) A statement of issues of law supported by a memorandum of points and authorities.
(4) A list of summaries or schedules referring to attached itemized exhibits concerning any subject matter which involves accounting, computations, chronology, or similar detailed data reasonably calling for orderly itemization (e.g., wages, income, expenses, inventories, business operations, tax computations, disability periods, property losses, itemizations of claimed losses or injuries), the data and reasons upon which an expert bases his or her opinion (not the opinion itself), which clearly reflects the claims, defenses, or offers of proof of the party in such respects, together with references to the records or other sources upon which such summaries or schedules are based.
(5) The names and addresses of all witnesses, except impeaching witnesses.
(6) A list of special questions requested to be propounded to prospective jurors. Proposed voir dire questions by the parties or their attorneys must be submitted to the court in chambers not later than 4 p.m. on the judicial day before the day the trial begins. See Rule 17 on voir dire.
(7) Any other appropriate comment, suggestion, or information which may assist the court in the trial or disposition of the case.
Proposed special jury instructions and forms of verdict shall be served on all counsel and received by the Judge at the commencement of the trial. Additionally, special instructions developed during the course of the trial, which could not reasonably have been anticipated before trial, shall be exchanged by counsel and submitted to the court as soon as practicable.
(a) All original proposed jury instructions shall be in clear, legible type on clean, white paper of standard quality, not less than 16 lb. weight, 8 1/2 x 11 inches in size, with black border and no less than 28 numbered lines.
(b) The designation “Instruction No. ..........” shall be at the lower left hand corner at line 28.
(c) The original instruction shall not bear any markings identifying the submitting attorney, nor contain any citations of authority. No portion thereof shall be in capital letters, underlined, or otherwise emphasized.
(d) Counsel are required to submit authorities and these may appear on a photocopy of the instructions.
(e) The instructions given to the jury shall be firmly bound together and the Judge shall write one word “Given” at the conclusion thereto and sign the last of the instructions to signify that all have been given.
Rule 19. Voir dire examination.
The court shall conduct the initial examination of the prospective jurors. The Trial Judge may permit counsel to supplement the Judge’s examination by direct questioning of the prospective jurors. The scope of such additional questions or supplemental examination must be within reasonable limits prescribed by the Trial Judge in his discretion. The following areas of inquiry are not properly within the scope of voir dire examination by counsel:
(a) Questions already asked and answered;
(b) Questions touching upon anticipated instructions on the law;
(c) Questions that are in substance arguments of the case.
Summary estate proceedings and estates to be set aside without administration, if supported by a verified petition or affidavit, or both, and by proof or waiver of notice and service by the parties entitled to notice, and if all other legal requirements have been met, may be determined by the court on the pleadings in chambers with the presence of counsel.
Rule 21. Withdrawal of counsel.
(a) Civil cases. An attorney of record shall be deemed such in all subsequent related proceedings before the court until such time as a withdrawal of counsel is made pursuant to S.C.R. 46.
(b) Criminal cases. Counsel of record, when intending to withdraw, shall serve notice of such intention upon the District Attorney and file the same with the Court Clerk. No withdrawal within twenty (20) days of the date set for trial will be recognized by the court, which may, if necessary to prevent a continuance, require such attorney to proceed with the trial. The attorney intending to withdraw shall give the client at least ten (10) days actual notice of such intention. In addition, there must be strict compliance with S.C.R. 46 relative to any such withdrawal. The request to withdraw must generally relate to counsel’s inability to adequately defend his or her client, with reasons given in relation thereto, rather than to matters relating to the financial arrangements between the attorney and client.
Rule 22. Petitions for judicial review.
(a) A petitioner seeking judicial review must serve and file a memorandum of points and authorities in support thereof within twenty-one (21) days after the record of the proceeding under review has been filed with the court.
(b) The respondent must serve and file a memorandum of points and authorities in opposition thereto within twenty-one (21) days after service of petitioner’s points and authorities.
(c) Petitioner may serve and file reply points and authorities no later than seven (7) days after service of respondent’s opposition.
(d) After petitioner’s time to reply has expired, either party may then notice the hearing of the petition by serving and filing a notice of hearing setting the petition for hearing on a day when the Judge is hearing civil motions and not less than seven (7) days from the date the notice is served and filed.
Rule 23. Sanctions for noncompliance. If a party or an attorney fails, refuses, or neglects to comply with these rules, the Supreme Court Rules, the Nevada Rules of Appellate Procedure, the Nevada Rules of Civil Procedure, the District Court Rules, or any other statutory requirements, the court may, after notice and an opportunity to be heard, impose any and all sanctions authorized by statute or rule, including but not limited to the following:
(a) Hold the disobedient party or attorney in contempt of court.
(b) Continue any hearing until the disobedient party or attorney has complied with the requirements imposed, and require the disobedient party to pay the other party his or her expenses, including reasonable attorney’s fees, incurred in preparation for and attending the hearing.
(c) Set the case for immediate trial.
(d) Impose a fine.
(e) Continue the trial subject to prescribed conditions.
(f) Where such party or attorney has failed to make an adequate and fair disclosure of such matters in his or her case conference reports, pretrial memorandum, at the pretrial conference or in the trial statement, refuse to allow the disobedient party or attorney to support or oppose designated claims or defenses, or prohibit him or her from introducing evidence relative to such matter at time of trial.
(g) Impose such other sanction, condition or remedy as the court, in its discretion, may allow.
Rule 24. Effective date of rules.
These rules take effect February 1, 1991. They govern all proceedings in actions brought after that date and all further proceedings in actions pending on that date, unless in the opinion of the court their application in a particular pending action would not be feasible or would work an injustice, in which event the former procedure applies.
Rule 25. Financial declarations.
(a) In all contested divorces or suits for separate maintenance or child support, each party shall file with the Court a disclosure statement of all assets and liabilities and all income and expenses on a form approved by the Court (hereinafter referred to as a Financial Declaration). Each party shall file his or her Financial Declaration within ten (10) days after an answer is filed.
(b) A party filing any motion relating to child or spousal support or the award of attorneys fees pursuant to NRS 125.040, must file a current Financial Declaration at the time of filing the motion, unless a current Financial Declaration is already on file. The filing of an incomplete Financial Declaration or the failure to timely file a current Financial Declaration may be construed as an admission that the motion is not meritorious and as cause for its denial.
(c) Any party opposing a motion relating to child or spousal support or the award of attorneys fees pursuant to NRS 125.040 must file a current Financial Declaration at the time of filing his or her opposition, unless a current Financial Declaration is already on file. The filing of an incomplete Financial Declaration or the failure to timely file a Financial Declaration may be construed as an admission that the opposing party has the resources to pay the amount requested by the moving party and that the moving party’s motion is meritorious.
(d) A Financial Declaration shall include income of any successor spouse of a party in the “other income” section of the Financial Declaration form. In addition, if a party resides with one or more adults other than a spouse, that party’s Financial Declaration shall reflect, in the “other income” section, the number of adult persons living in the household and the extent to which the adult persons provide support and/or share in the party’s living expenses.
(e) All Financial Declarations filed with the Court must be updated forthwith as material information is obtained by the parties or their respective attorneys.
(f) Filing of a Financial Declaration shall not supplant nor limit discovery pursuant to the Nevada Rules of Civil Procedure.
(g) The requirements of this Rule shall not be waived except by order of the Court for good cause shown.
(h) Attorneys fees, and other sanctions described in N.J.D.C.R. 23 may be awarded for the untimely, fraudulent, or incomplete filing of a Financial Declaration.
[Added; effective November 1, 1997.]
(a) Matters subject to mediation.
(1) Unless an action is exempt pursuant to subsection (m) of this Rule, all district court actions which involve a dispute regarding child custody, access or visitation shall be referred to mediation.
(2) Mediation of the dispute by the approved family mediators or by private mediator must take place before the trial or any hearing on custody, access or visitation, unless waived by the Court.
(b) Referral for mediation by the Court. Referrals to mediation made by the Court pursuant to subsection (a) of this Rule shall be to approved family mediators.
(c) Referral for mediation by individual party. If there is a disagreement between the parties concerning custody, access or visitation, and the matter has not been referred to mediation by the Court, either party or both parties may file with the Clerk of the Court and serve upon the other party, or counsel, and the Court, a “Request for Mediation.” The Court may then refer the matter to an approved family mediator.
(d) Private mediation, selection.
(1) Parties may select by agreement a private mediator.
(2) The parties shall contract directly with the private mediator and be responsible for payment of fees for mediation services.
(3) The mediator has a right to withdraw from any case.
(e) Private mediation, written notice to Court. If a private mediator is selected, the parties or counsel, if any, shall file with the Court a written notice that private mediation will take place. The notice shall set forth the name of the mediator and the date set for the first mediation conference.
(f) Scheduling mediation. Upon referral to the approved family mediator, an orientation and conference will be scheduled which both parties must attend, unless other procedures are agreed upon pursuant to this Rule.
(g) Mediation conference.
(1) The mediator will conduct a conference in an effort to carry out the purpose of this Rule.
(2) Counsel for the parties shall be provided an opportunity to confer with the mediator prior to the mediation conference and shall be excluded thereafter, when, in the discretion of the mediator, exclusion of counsel is deemed by the mediator to be appropriate or necessary.
(3) The mediator shall be entitled to interview the child or children when the mediator deems such interviews appropriate, unless a protective order is sought and obtained.
(h) Mediation report.
(1) If the mediation is successful in resolving any of the custody, access or visitation issues, such resolution shall be reduced to writing and submitted to the Court for approval.
(2) In the event that no resolution is reached, the mediator shall notify the Court that mediation has been unsuccessfully concluded.
(i) Failure to appear for mediation. If one or both parties fail to appear at any mediation conference, the mediator shall report to the Court the identity of each person who failed to appear. The Court shall thereafter take whatever action it deems necessary or appropriate, including imposing any of the sanctions described in N.J.D.C.R. 23.
(j) Confidentiality of mediation. Mediation proceedings shall be held in private, and all communications, verbal or written, made in the proceedings shall be confidential and shall not be disclosed except upon waiver of the privilege by both parties, and their respective attorneys if they are represented, and except where the mediator is required to report any information which falls within the scope of the child abuse reporting requirements.
(k) Subsequent evaluation. The approved family mediator or private mediator shall not conduct an evaluation of the parties after an unsuccessful mediation unless the parties file a written notice consenting thereto signed by each party and counsel.
(l) If an Order for Protection Against Domestic Violence has been obtained by either party against the other, an order of referral to mediation shall include:
(1) The fact that an Order for Protection Against Domestic Violence has been obtained; and
(2) The case number of the protection order action.
(m) Exemption from mediation. A party who believes a case is inappropriate for referral to mediation may seek an exemption from mediation. The party seeking an exemption must file a motion with the Court. The motion should be filed with the initial pleading of the moving party, but may be filed at a later time if new information is obtained supporting a motion.
(n) Inappropriate cases.
(1) Mediation is not appropriate when:
(i) There are substantial allegations of child abuse or neglect.
(ii) The case involves multiple social agencies or psychiatric contacts for parents and/or children.
(iii) A parent has serious psychological problems or has displayed severe anti-social modes of behavior.
(iv) The mediator determines mediation is futile or impractical.
(2) Mediation may be inappropriate when the case is at the post-dissolution state and has involved protracted litigation, or an order related to protection against domestic violence has been entered.
(o) Support persons. A party may have a third party present for support before and after meetings with the mediator. The support person may not be present during mediation sessions, unless both parties and the mediator agree.
(p) Fees for service. Fees may be assessed to parties referred to mediation pursuant to NRS 3.500(2)(e) and in accordance with the fee schedule approved by the Court. Unless otherwise directed, each party is required to pay one-half the fee of the court-approved mediator. Payment will be made to the Clerk of the District Court in the County where the action is being heard. The payments shall be made promptly, using procedures for such payment established by the County Clerk.
(q) Failure to pay fees for mediation. In the event that either party fails to pay the mandated fees for mediation, the court-approved mediator shall contact the Court and report such failure. The Court may enter such further orders, including contempt orders, necessary to ensure prompt payment of the fees.
[Added; effective November 1, 1997.]
Rule 27. Unsuccessful mediation.
(a) In each case in which mediation has been unsuccessful in resolving custody or visitation issues, the parties and/or their counsel shall meet with the Court within sixty (60) days of notice that mediation was unsuccessful for the purpose of case planning.
(b) In each case where mediation has been unsuccessful in resolving custody or visitation issues, the case may be subject to a custody evaluation. The custody evaluation may be by stipulation or appointment or by order of the court to the appropriate individual for such custody evaluation.
(c) Child custody evaluation.
(1) When it appears that a child custody evaluation is necessary, the parties are encouraged to stipulate to the retention of one expert to evaluate the parties and the child(ren).
(2) Upon the request of either party or on its own initiative, the Court may appoint a neutral expert if the parties cannot agree on their own.
(3) The treating therapist of any of the parties or children may not serve as the stipulated evaluator.
[Added; effective November 1, 1997.]
(a) The Ninth Judicial District Court has adopted the binding Short Trial Program as provided by NRS 38.258 and the “Nevada Short Trial Rules,” including any amendments to those rules promulgated by the Supreme Court of the State of Nevada.
(b) Those actions submitted to the Short Trial Program will be processed and conducted as set forth in the “Nevada Short Trial Rules” except a judgment arising out of the Short Trial Program may not exceed $25,000, unless the parties establish a different ceiling of recovery by stipulation.
(c) The special master is appointed to administer the Short Trial Program.
[Added; effective October 15, 2003.]