[Rev. 5/20/2016 11:39:35 AM--2015]

LOCAL RULES OF PRACTICE FOR THE JUSTICE COURT OF NORTH LAS VEGAS TOWNSHIP

APPROVED BY THE SUPREME COURT OF NEVADA

 

Effective April 21, 2014

and Including

Amendments Through March 1, 2016

 

LOCAL RULES OF PRACTICE FOR THE JUSTICE COURT OF NORTH LAS VEGAS TOWNSHIP

      Rule 1.  Title.  These rules may be known and cited as the Justice Court Rules of North Las Vegas Township, or may be abbreviated JCRNLV.

      [Added; effective April 21, 2014.]

      Rule 2.  Application of rules.  Except as otherwise provided by specific statute, and unless specifically provided otherwise in these rules, the Justice Court Rules of North Las Vegas Township apply to all proceedings filed in the North Las Vegas Township except the following:

      (a) Cases submitted on agreed statements of fact.

      (b) Small claims cases as defined by NRS Chapter 73, summary eviction cases, criminal cases, actions for the issuance of Orders for Protection under NRS Chapter 33 and NRS Chapter 200, and traffic cases (unless any of these case types are specifically addressed in these rules).

      [Added; effective April 21, 2014.]

      Rule 3.  Definitions of words and terms.  In these rules, unless the context or subject matter otherwise requires:

      (a) “Case” shall include and apply to any and all actions, proceedings and other court matters, however designated.

      (b) “Clerk” means the clerk of the justice court.

      (c) “Court” means the justice court.

      (d) “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.

      (e) “Person” shall include and apply to corporations, firms, associates and all other entities, as well as natural persons.

      (f) “Shall” is mandatory and “may” is permissive.

      (g) 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.

      (h) “Paper” shall include all papers and electronic filing.

      [Added; effective April 21, 2014.]

      Rule 4.  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.

      [Added; effective April 21, 2014.]

      Rule 5.  Time.  In computing any period of time prescribed or allowed by these rules, the provisions of the Justice Court Rules of Civil Procedure (JCRCP) 6 shall be controlling.

      [Added; effective April 21, 2014.]

      Rule 6.  Use and construction of the rules.

      (a) These rules do not apply to the following matters:

             (1) Cases submitted on agreed statements of fact.

             (2) Applications for judgments by default, except as provided in Rule 32 hereof.

             (3) Small claims actions defined in JCRCP 88.

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

      (c) These rules shall be liberally construed to secure the proper and efficient administration of the business and affairs of the court and to promote and facilitate the administration of justice by the court.

      [Added; effective April 21, 2014.]

      Rule 6.5.  Chief judge and court administrator.

      (a) Selection and term.

             (1) A justice of the peace shall serve as the chief judge for a term of 2 years. However, the term may, by election, be extended 2 years.

             (2) The selection will rotate every 2 years.

             (3) The justice of the peace must have a minimum of 4 years’ judicial experience to serve as chief judge.

      (b) Duties and responsibilities. The chief judge must:

             (1) Be responsible for the chief judge’s own calendar, which shall include all case types and proceedings, without limitation. There will be no caseload adjustment during the term.

             (2) Be responsible for the administration of court rules and regulations.

             (3) Consider and rule on any ex parte applications for orders in cases that have not been assigned.

             (4) Hear or reassign emergency matters when the assigned justice is absent or otherwise unavailable.

             (5) Designate another justice to perform the duties of chief justice of the peace when the chief justice of the peace is absent.

             (6) Oversee all administrative and clerical work and functions of the court as set forth in NRS Chapter 4.

             (7) Call and preside over meetings with the other justices of that township, as often as may be deemed necessary by the chief justice of the peace, to discuss and set policy on procedures, planning, caseload distribution, judicial training, vacations, court improvements, personnel and any other matters of benefit or concern to the court.

             (8) Designate judicial assignments in the event of a recusal.

             (9) Supervise case/docket management and request referees if caseload warrants.

             (10) Serve on committees, as needed.

             (11) Meet with county management or board of county commissioners, as needed.

             (12) Work with court administrator to develop local supplemental rules.

             (13) Serve as signatory authority, where needed.

             (14) Set and preside over frequent and regular meetings of the judges at least once every other month and additional meetings as may be required by the business of the court. A quorum must be present and decisions will require majority vote of all judges.

             (15) Delegate the following duties to the court administrator:

                   (A) Management of operations (personnel, facilities, procurement, finance).

                   (B) Budget development and management.

                   (C) Development of policies and procedures.

                   (D) Representation of court on various committees.

                   (E) Strategic planning.

                   (F) Liaison to outside agencies—authority to speak on behalf of the court to other governmental agencies both inside and outside the court.

                   (G) Liaison to media and stakeholders.

                   (H) Statistical and operational reporting—develop and coordinate.

                   (I) Establish and sustain automation systems.

                   (J) Develop and maintain court website.

      (c) Removal from office as chief judge. The chief judge may be removed from office by a two-thirds vote of the judges present at a duly noticed meeting. Any judge may appeal any order of the chief judge to the full panel of the justices of the peace. Any order of the chief judge can only be reversed by a two-thirds vote of the judges attending a regularly scheduled meeting.

      (d) Compliance with other rules; delegation of duties. The duties prescribed in these rules shall be done in accordance with applicable Nevada Revised Statutes, Supreme Court Rules, and established court policies. To facilitate the business of the court, the chief judge may delegate the duties prescribed in these rules to other judges.

      [Added; effective April 21, 2014.]

      Rule 6.6.  Customer Service Hours.  All matters shall be set in the office of the clerk of the court where the case is filed. The office shall be open for that purpose from 7:15 a.m. to 5:45 p.m., Monday through Friday, with the following exceptions:

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

      (b) The court may permanently alter the hours described in subsection (a), and the court may temporarily close customer service windows for specific periods of four hours or less, in order to train staff, reduce backlogs, or serve other purposes deemed necessary by the court. A closure under this subsection must be preceded by three days of conspicuous written notice in the customer service lobby.

      [Added; effective April 21, 2014.]

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

      [Added; effective April 21, 2014.]

      Rule 8.  Duties of bailiff.  During the time the court remains in session, the bailiff shall:

      (a) 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.

      (b) Keep the passageway to the bar clear for ingress or egress.

      (c) Preserve order in the court and within the hearing of the court.

      (d) Attend the needs of the jury.

      (e) Open and close court.

      (f) Perform such other duties as are required by the justices of the peace.

      [Added; effective April 21, 2014.]

      Rule 9.  Custody and withdrawal of papers, records and exhibits.

      (a) The court clerk or the judge shall have custody of the records and papers of the court. They 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.

      (b) 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 withdrawn from the files.

      (c) 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:

             (1) By stipulation of the parties.

             (2) By motion made after notice to the adverse party.

             (3) After a judgment is final and the time to appeal has expired, 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, the party or attorney who withdraws the same shall file an affidavit or unsworn declaration 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.

      (d) 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 therefore shall be filed with the clerk.

      (e) Upon request, the court will make all exhibits available for pickup or will return all exhibits to the submitting party via U.S. mail or through an appropriate runner service. If documents are returned as undeliverable, or if exhibits are not appropriate for mailing, the court may destroy such documents or dispose of such exhibits no earlier than 90 days from the expiration of the appeal period.

      [Added; effective April 21, 2014.]

      Rule 10.  Form of pleadings.

      (a) All pleadings and papers presented for filing must 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 process that will produce clear and permanent copies equally legible to printing. The print size shall not be more than 10 characters per inch, e.g., pica. Only one side of the paper may be used, unless the document is a writ, a summons, or a proof of service.

      (b) All papers presented for filing, receiving or lodging with the clerk shall be prepunched with 2 holes, centered 2-3/4 inches apart and 1/2 inch to 5/8 inch from the top edge of the paper. All original papers shall be stamped ORIGINAL between the punched holes in red ink. In addition to the original document, 2 extra copies may be submitted to the court for processing. Any excess copies received for conforming purposes will be returned.

      (c) The lines on each page must be double spaced, except that descriptions of real property and quotations that are reasonable in length may be single spaced. Pages must be numbered consecutively and at the bottom. Lines of pages must be numbered in the left margin.

      (d) No original pleading or paper shall be amended by making erasures or interlineations thereon, or by attaching slips thereto, except by leave of court. All original pleadings or papers requiring judicial signatures must list the signature line within four lines of the last line of the order, ensuring no page separation between the last line of the order and the signature line.

      (e) The following information shall appear on the first page of every paper presented for filing:

             (1) The name, Nevada State Bar identification number, address and telephone number of the attorney and of any associated attorney appearing for the party filing the paper; whether such attorney appears for the plaintiff, defendant, or other party; or the name, address and telephone number of a party appearing in proper person, shall be set forth to the left of center of the page beginning at line 1 and shall be single spaced. The space to the right of center shall be reserved for the filing marks of the clerk.

 

NAME

BAR NUMBER

ADDRESS

CITY, STATE, ZIP CODE

TELEPHONE NUMBER

ATTORNEY FOR:

 

             (2) The title of the court shall appear at the center of the page, line 6, below the information required by paragraph (1) as follows:

 

IN THE JUSTICE COURT OF NORTH LAS VEGAS TOWNSHIP

COUNTY OF CLARK, STATE OF NEVADA

 

             (3) The name of the action or proceeding shall appear below the title of the court in the space to the left of center at line 9, e.g.:

 

JOHN DOE,                              }

                         Plaintiff,          }

                                                   }

                         vs.                     }

                                                   }

RICHARD ROE,                     }

                         Defendant.      }

 

             (4) In the space to the right of center at lines 11 and 12 shall appear the case number and the department number as follows:

 

Case No.: 04CN123456 (Example)

Dept. No.: 1 (Example)

 

             (5) The title of the pleading, motion or other document must be typed or printed on the page directly below the names of the parties to the action or proceeding. The title must be sufficient in description to apprise the respondent and clerk of the nature of the document filed, or the relief sought, e.g.: Defendant’s Motion for Summary Judgment Against Plaintiff John Doe; Plaintiff’s Motion to Compel Answers to Interrogatories.

 

(Example)

 

NAME

BAR NUMBER

ADDRESS

CITY, STATE, ZIP CODE

TELEPHONE NUMBER

ATTORNEY FOR:

 

IN THE JUSTICE COURT OF NORTH LAS VEGAS TOWNSHIP

COUNTY OF CLARK, STATE OF NEVADA

 

JOHN DOE,                              }

                         Plaintiff,          }

                                                   }

                         vs.                     }                              Case No. 04CN123456

                                                   }                              Dept. No. ________________

RICHARD ROE,                     }

                         Defendant.      }

______________________ }

 

MOTION, ORDER, REPLY,

JUDGMENT, ETC.

 

      (f) All exhibits attached to pleadings or papers must be 8-1/2 by 11 inches in size. Exhibits that are smaller must be affixed to a blank sheet of paper of the appropriate size. Exhibits that are larger than 8-1/2 by 11 inches must be reduced to 8-1/2 by 11 inches or must be folded so as to appear 8-1/2 by 11 inches in size. All exhibits attached to pleadings or papers must clearly show the exhibit number at the bottom or on the right side. Copies of exhibits must be clearly legible and not unnecessarily voluminous. Original documents must 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.

      (g) When a decision of the supreme court of the State of Nevada is cited, the citation to Nevada Reports must be given and the year of the decision. Whenever a decision of an appellate court of any other state is cited, the citation to West’s Regional Reporter System must be given together with the state and year of the decision. When a decision of the United States Supreme Court is cited, the United States Reports citation and year of decision must 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 must be given.

      (h) The clerk must not accept for filing any pleadings or documents that do not comply with this rule, but for good cause shown, the court may permit the filing of noncomplying pleadings and documents. Paragraph (a), except as to the size of paper, and paragraph (c) of this rule do not apply to printed forms furnished by the clerk, the district attorney, or public defender.

      (i) All transcripts of evidence and proceedings prepared and filed by official court recorder/transcribers shall be prepared on a page of paper 8-1/2 by 11 inches. The left margin must not be more than 1-1/2 inches from the left edge of the paper. The right margin must not be more than 3/4 inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain a minimum of 24 lines of type. The first line of each question or of each 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 must not be more than 1 space between words or more than 2 spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or 1-1/2 spaced.

      (j) All documents that must be served shall contain proof of service when filed with the court.

      [Added; effective April 21, 2014.]

      Rule 10.5.  Amending pleadings.

      (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 clerk to remove any exhibit attached to prior pleadings and attach the same to the amended pleading.

      [Added; effective April 21, 2014.]

      Rule 11.  Motions: Procedure for making motions; affidavits and unsworn declarations; renewal, rehearing of motions.

      (a) 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.

      (b) Within 10 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 or unsworn declarations, 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.

      (c) The moving party may serve and file reply points and authorities within 5 days after service of the opposing points and authorities. Upon the expiration of the 5-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, except that dispositive motions must be set for hearing.

      (d) The affidavits or unsworn declarations to be used by either party shall identify the affiant or declarant, 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 or unsworn declarations shall contain only factual, evidentiary matter, shall conform with the requirements of JCRCP 56(e), and shall avoid mere general conclusions or argument. Affidavits or unsworn declarations substantially defective in these respects may be stricken, wholly or in part.

      (e) Factual contentions involved in any pretrial or post-trial motion shall be initially presented and heard upon affidavits or unsworn declarations. Oral testimony may be received at a 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 or declarants to resolve factual issues shown to be in dispute.

      (f) 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.

      (g) All motions regarding discovery disputes shall include the certificate of the moving party certifying that after consultation with the opposing party, they have been unable to resolve the matter.

      (h) Except by leave of the court, all motions for summary judgment must be submitted to the court at least 30 days prior to the date the case is set for trial.

      (i) If a motion for rehearing is granted, the court may make a final disposition of the cause without argument, or may restore it to the calendar for argument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.

      (j) All motions in limine are to be governed by Rule 23.

      (k) A certificate of service must be filed within 3 judicial days of service of any motion, opposition, or reply.

      (l) For purposes of this rule, service of a motion, opposition, or reply must be made upon the party’s “last known address,” which is defined as follows:

             (1) The address is currently on file with the court; or

             (2) If a “change of address” form has been filed by the party to be served, the most recent address that appears in that form.

      [Added; effective April 21, 2014.]

      Rule 12.  Motions for continuance: Contents, service of affidavits or unsworn declarations; counter-affidavits and counter-unsworn-declarations; argument.

      (a) No continuance of a trial in a case shall be granted except for good cause. A motion or stipulation for continuance shall state the reason therefor and whether or not any previous request for continuance had been either sought or granted. The motion or stipulation must certify that the party or parties have been advised that a motion or stipulation for continuance is to be submitted in their behalf and must state any objection the parties may have thereto.

      (b) If a continuance of any trial is granted, the court will set the future trial date.

      (c) All contested motions for the continuance of cases shall be made on affidavit or unsworn declaration except where it shall appear to the court that the moving party needs to be sworn and orally testify to the same factual matters as hereinafter required for an affidavit.

      (d) When a motion for continuance is made on the ground of absence of witnesses, the affidavit or unsworn declaration shall state:

             (1) The names of the absent witnesses and their present residences, if known.

             (2) What diligence has been used to procure their attendance or their depositions, and the causes of a failure to procure the same.

             (3) What the affiant or declarant 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.

             (4) At what time the applicant first learned that the attendance or depositions of such absent witnesses could not be obtained.

             (5) That the application is made in good faith and not merely for delay.

      (e) Copies of the affidavits or unsworn declarations upon which a motion for 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.

      (f) Counter-affidavits or counter-unsworn-declarations may be used in opposition to the motion.

      [Added; effective April 21, 2014.]

      Rule 13.  Extension or shortening of time.

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

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

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

      [Added; effective April 21, 2014.]

      Rule 14.  Trial, hearing of cause, proceeding, motion entered into by one judge prevents action by another judge unless requested; only judge having charge of cause may grant further time to plead, act.

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

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

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

      (b) Subject to Rules 11 and 13 of these rules, no judge except a judge of the township where the cause or proceeding is pending shall grant further time to plead, move or do any act or thing required to be done in any cause or proceeding unless:

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

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

             (3) Another judge is assigned to the court by the chief judge in which case that judge may hear any matter coming before the court during the period of assignment.

      [Added; effective April 21, 2014.]

      Rule 15.  Application for writ, order to another judge prohibited when same application pending before different judge or previously denied; exception.  When an application, petition, or motion for any writ or order has been made to a justice of the peace 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 justice of the peace, except upon the consent in writing of the judge to whom the application or motion was first made.

      [Added; effective April 21, 2014.]

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

      [Added; effective April 21, 2014.]

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

      [Added; effective April 21, 2014.]

      Rule 18.  Interrogatories and admissions.

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

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

      [Added; effective April 21, 2014.]

      Rule 19.  Filing orders.  Any order, judgment or decree that has been signed by a judge must be filed with the clerk of the court promptly. No attorney shall withhold or delay the filing of any such order, judgment or decree for any reason, including the nonpayment of attorney’s fees.

      [Added; effective April 21, 2014.]

      Rule 20.  Effective date.  Each of these rules shall become effective upon approval by the Nevada Supreme Court, but this shall not affect any proper action taken prior to the effective date of a given rule.

      [Added; effective April 21, 2014.]

      Rule 21.  Random assignments.

      (a) Subject to the provisions of this rule, all civil cases shall be randomly assigned to departments.

      (b) If multiple summary eviction cases involving the same tenant have been filed within a 1-year period, the current filing will be tracked to the judicial department that corresponds to the case with the lowest case number. If there are no prior summary eviction cases involving the same tenant within the last year, the current case will be randomly assigned.

      (c) If a justice of the peace has recused himself or has been disqualified, the case will be randomly assigned to another justice of the peace.

      (d) When the transfer of a case to another department is necessary, it shall be the primary responsibility of the transferring judge and his or her staff to arrange the transfer to another, randomly chosen, department with the agreement of the new department. In the event that the department cannot successfully transfer the case, the matter shall be referred to the chief judge for resolution or reassignment.

      (e) Protection order actions shall be governed by the provisions of Rule 41.

      [Added; effective April 21, 2014.]

      Rule 22.  Setting cases for trial.

      (a) Except as otherwise provided in Rule 38, all cases shall be set for trial within 12 months of the date that the trial setting occurs, unless otherwise ordered by the trial court.

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

      (c) All disputes concerning calendar settings shall be resolved by each judicial department, or the chief judge may intervene if the court cannot resolve the dispute.

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

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

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

      [Added; effective April 21, 2014.]

      Rule 22.5.  Notices of Motion and Chambers Calendars.

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

 

NOTICE OF MOTION

 

TO: Nonmoving Party

 

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

 

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

 

 

NOTICE:

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

 

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

 

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

 

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

 

Submitted by:

Name

Bar Number

Address

City, State, Zip Code

Telephone Number

Attorney for:

 

      (b) When a motion that has been designated to be heard in chambers is filed, the civil division clerk must complete the notice of motion section with the time/date set for decision. The clerk must additionally stamp the location of the hearing as being in “chambers—without oral argument.” Calendaring clerks must prepare the relevant files and deliver them to the judges with a docket and a unique mark-up sheet at least 3 days before a motion is set for decision, unless a particular judicial department orders otherwise.

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

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

      [Added; effective April 21, 2014.]

      Rule 23.  Trial memoranda.

      (a) When all parties are represented by counsel, the designated trial attorneys for all of the parties must meet together, prior to any final pretrial conference, to exchange their exhibits and lists of witnesses, and arrive at stipulations and agreements, all for the purpose of simplifying the issues to be tried. The plaintiff must designate the time and place of the meeting, which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. Unless otherwise ordered by the court, the attorneys must then prepare a joint pretrial memorandum, which must be served and filed not less than 15 days before the date set for trial. If an agreement cannot be reached, a pretrial memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each pretrial memorandum must be delivered to the court at the time of filing.

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

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

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

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

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

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

             (3) A list of all claims for relief designated by reference to each claim or paragraph of a pleading and a description of the claimant’s theory of recovery with each category of damage requested.

             (4) A list of affirmative defenses.

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

             (6) A list of all exhibits, including exhibits that may be used for impeachment, and a specification of any objections each party may have to the admissibility of the exhibits of an opposing party. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits.

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

             (8) A list of the witnesses (including experts), and the address of each witness that each party intends to call. Failure to list a witness, including impeachment witnesses, may result in the court’s precluding the party from calling that witness.

             (9) A brief statement of each principal issue of law that may be contested at the time of trial. This statement shall include with respect to each principal issue of law the position of each party.

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

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

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

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

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

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 24.  Pretrial conferences.

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

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

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

             (2) Time required for trial;

             (3) Alternate methods of dispute resolution;

             (4) Readiness of case for trial;

             (5) Any other matters.

      (c) Pretrial conferences may include settlement negotiations as provided in Rule 24.5.

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

      (e) The pretrial conference must be attended by designated trial counsel who are knowledgeable and prepared for such conference. Should the designated trial counsel fail to appear at the pretrial conference or to comply with this rule, an ex parte hearing may be held and judgment of dismissal or default or other appropriate judgment entered or other sanctions imposed.

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

      [Added; effective April 21, 2014.]

      Rule 24.5.  Settlement conferences.

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

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

      [Added; effective April 21, 2014.]

      Rule 25.  Jury instructions.

      (a) 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.

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

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

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

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

      (f) Proposed jury instructions shall be submitted to the court by delivering the original to the judge’s chambers no later than 3 p.m. at least 5 judicial days before trial. Proposed jury instructions shall be personally served upon counsel for the opposing party, if counsel for the opposing party maintains an office in Clark County, on the same day that they are submitted to the court; otherwise, counsel for the opposing party shall be served on the first day of trial. A judge may order jury instructions to be submitted to the court at any other time. Nonstock instructions may be submitted at the close of evidence if the evidence so warrants.

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

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

      [Added; effective April 21, 2014.]

      Rule 26.  Copies of filed papers to all parties.  It is the responsibility of the submitting party to ensure that copies of all filed papers are served upon all opposing parties.

      [Added; effective April 21, 2014.]

      Rule 27.  Claim of exempt property.  A claim that property is exempt from execution or attachment shall be presented to the court by affidavit or unsworn declaration filed and served in the action out of which the writ of execution or attachment issued. The affidavit or unsworn declaration may be accompanied by all documents relied upon by the party claiming the exemption. Such affidavits or unsworn declarations shall be handled as are motions under these rules, except that, on good cause shown, the time for submission or argument regarding the affidavit or unsworn declaration may be shortened.

      [Added; effective April 21, 2014.]

      Rule 28.  Ex parte orders.  No proposed ex parte order shall be presented to a judge for signing before the case has been filed with the filing office, given a case number, and assigned to a department.

      [Added; effective April 21, 2014.]

      Rule 29.  Sanctions for noncompliance.  If a party or an attorney fails or refuses to comply with these rules, the court may make such orders and impose such sanctions as are just, including, but not limited to the following:

      (a) Holding the disobedient party or attorney in contempt of court.

      (b) Continuing any hearing until the disobedient party or attorney has complied with the requirements imposed.

      (c) Requiring the disobedient party to pay the other party’s expenses, including a reasonable attorney’s fee, incurred in preparing for and attending necessary hearings caused by the noncompliance.

      (d) Entering any order authorized by JCRCP 37.

      [Added; effective April 21, 2014.]

      Rule 30.  Appearances; substitutions; withdrawal or change of attorneys.

      (a) 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 properly withdraws upon written motion to withdraw properly granted pursuant to paragraph (b) of this rule, another attorney is substituted, or until counsel is discharged by the client in writing, filed with the filing office, in accordance with Supreme Court Rule (SCR) 46 and this rule. The court in its discretion may hear a party in open court although the party is represented by counsel.

      (b) Counsel in any case may be withdrawn or changed:

             (1) When a new attorney is to be substituted in place of the attorney withdrawing, by the written consent of both attorneys and the client, all of which shall be filed with the court and served upon all parties or their attorneys who have appeared in the action; or

             (2) By order of the court, upon motion and notice as provided in these rules, when no attorney has been retained to replace the attorney withdrawing;

                   (A) If such motion is made by the attorney, counsel shall include in an affidavit or unsworn declaration the telephone number and 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, along with an itemized list of upcoming deadlines and court hearing dates, and counsel shall serve a copy of such motion and supporting papers upon the client and all other parties to the action or their attorneys; or

                   (B) If such motion is made by the client, the client shall state therein the address at which the client may be served with notice of all further proceedings in the case in the event the application is granted, along with his telephone number, and shall serve a copy of the application upon the attorney and all other parties to the action or their attorneys.

      (c) Any order permitting withdrawal of an attorney submitted to the court for signature shall contain the telephone number and address at which the party is to be served with notice of all further proceedings, and it must include an itemized list of upcoming deadlines and court hearing dates.

      (d) Except for good cause shown, no application for withdrawal or substitution shall be granted if a delay of the trial or of the hearing of any other matter in the case would result. Discharge of an attorney may not be grounds to delay a trial or other hearing.

      (e) When an attorney or law firm intends to withdraw or substitute in place of another attorney or law firm, and the proposed withdrawal or substitution will affect multiple cases, the withdrawal or substitution can be requested as follows:

             (1) One motion to withdraw or substitute can be filed for review by the chief judge or a designee of the chief judge;

             (2) That motion can include an exhibit that sets forth:

                   (A) The names of the parties; and

                   (B) The case numbers for the affected cases; and

             (3) The chief judge or a designee of the chief judge may grant the withdrawal or substitution that will apply in the affected cases. If the withdrawal or substitution is granted, a copy of the order must be placed in the record of the affected cases.

      (f) Corporations and limited liability companies (LLC) may not appear in proper person.

      [Added; effective April 21, 2014.]

      Rule 31.  Orders for issuance of warrants and writs.

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

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 32.  Default judgment.

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

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

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

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

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

             (4) In actions arising under NRS Chapter 604A, a declaration under penalty of perjury that the applicant has complied with the requirements of that chapter and with the requirements of Rule 51 of these rules.

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

      [Added; effective April 21, 2014.]

      Rule 33.  Summary evictions.

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

      (b) Upon the filing of the complaint:

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

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

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

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

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

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

             (1) Notice issued to tenant.

                   (A) Notices must be typed or clearly legible.

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

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

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

             (2) Landlord filing.

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

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

                                (i) The original Notice served;

                                (ii) An original Affidavit of Service and 2 copies;

                                (iii) An original Order and 2 copies;

                                (iv) Where required by law, a legible certificate of mailing that contains the complete address of the tenant and a legible postmark from the United States Post Office. (A postage meter or private mail service will not be accepted.) If the certificate of mailing is less than 8-1/2 by 11 inches, it must be mounted on 8-1/2 by 11-inch paper. No alterations to the certificate of mailing can be made or the complaint will be rejected as an incomplete filing.

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

             (3) Tenant answer.

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 34.  In Forma Pauperis.

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

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

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

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

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

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

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

      (f) IFP requests for summary eviction cases shall be governed by the provisions of Rule 43.

      [Added; effective April 21, 2014.]

      Rule 35.  Representation by law students in all justice court cases.  Pursuant to SCR 49.5, a law student may not appear in court on behalf of a client unless the following conditions are satisfied in open court:

      (a) The law student must provide a copy of the Supreme Court’s “Order of Certification for Limited Supervised Practice.” The order must grant to the law student the privilege of entering the limited practice of law under level 2 certification.

      (b) The law student must provide a copy of the written consent of the client.

      (c) The law student must provide a copy of the written consent of the attorney who will be approving and supervising the law student.

If all these conditions are satisfied, the law student will be allowed to appear on behalf of a client, and the forms enumerated above will be placed in the corresponding case file.

      [Added; effective April 21, 2014.]

      Rule 36.  Service of documents upon the court.

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

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

             (1) A motion or request to take a case off calendar;

             (2) An acknowledgment of satisfaction of judgment; or

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

      (c) This rule applies to the following:

             (1) Civil cases;

             (2) Small claims cases;

             (3) Summary eviction cases; and

             (4) Actions for the issuance of Orders for Protection under NRS Chapter 33 or NRS Chapter 200.

      [Added; effective April 21, 2014.]

      Rule 37.  Stipulations.  A written stipulation between the parties must bear the original signature of each stipulating party, either on one form or on multiple forms, and the corresponding date when that signature was affixed.

      [Added; effective April 21, 2014.]

      Rule 38.  Jury trials.  Upon the filing of a demand for a jury trial, a scheduling order setting forth the applicable deadlines in the case shall be issued when the case is set for jury trial.

      [Added; effective April 21, 2014.]

      Rule 39.  Motions to stay in eviction cases.

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

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

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

      (d) If a tenant answer has not been filed in an eviction case, a motion to stay must be accompanied by the appropriate filing fee, except as otherwise provided in Rule 43.

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

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

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

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

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

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

             (2) A formal civil eviction pursuant to NRS 40.290 to 40.420, inclusive.

      [Added; effective April 21, 2014.]

      Rule 40.  Dismissal without prejudice.

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

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

      [Added; effective April 21, 2014.]

      Rule 41.  Orders for protection.

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

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

             (2) All orders issued by the court.

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

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

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

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

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

      (d) If multiple protection order cases have been filed by the same applicant within a 2-year period, the current filing will be tracked to the judicial department that corresponds to the case with the lowest case number. If there are no prior protection order cases involving the same applicant within the last 2 years, the current case will be randomly assigned.

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

      [Added; effective April 21, 2014.]

      Rule 42.  In Forma Pauperis requests in summary eviction cases.  In summary eviction cases, the following procedures for processing In Forma Pauperis (IFP) requests by tenants shall apply:

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

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

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

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

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

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 43.  Bonds for temporary writs of restitution.

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

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

      [Added; effective April 21, 2014.]

      Rule 44.  Rent deposits relating to claims of uninhabitability under NRS 118A.355.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (2) “Eviction action” means:

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

                   (B) A formal civil eviction pursuant to NRS 40.290 to 40.420, inclusive.

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

      [Added; effective April 21, 2014.]

      Rule 45.  Documents containing personal information.

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

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

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

      [Added; effective April 21, 2014.]

      Rule 46.  Appeals.

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

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

             (1) A Motion for Costs and Attorney’s Fees;

             (2) A Motion to Reconsider;

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

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

             (5) A Motion to Stay; or

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

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

      [Added; effective April 21, 2014.]

      Rule 47.  E-filing rules.

      (a) The judge to whom a case is assigned may order all parties to file and serve all documents using an E-Filing System, when such a system has been implemented by the court. Cases may be placed in the E-Filing System at any time after obtaining a case number and the initial filing of the action. The judge to whom the case is assigned also has the discretion of mandating that any particular case be taken out of the E-Filing System at any time.

      (b) The court may electronically file any notice, order, minute order, judgment, or other document prepared by the court.

      (c) A document that the court or a party files electronically under these rules has the same legal effect as a document filed in paper form.

      (d) Filing a document electronically does not alter any filing deadline.

      (e) When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or other means, the court may allow a party to file the document in paper form.

      (f) It shall be the responsibility of the participating parties to serve, pursuant to the Justice Court Rules of Civil Procedure, proper person litigants who cannot register in the E-Filing System.

      (g) As used in this section:

             (1) “E-Filing System” means the system approved by the North Las Vegas Justice Court for filing and service of pleadings, motions, and other documents via the Internet through the court-authorized service provider, when it becomes available; and

             (2) “E-filing” means an electronic transmission of documents to and from the clerk of the court.

      [Added; effective April 21, 2014.]

      Rule 48.  Small claims cases.

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

             (1) Send a demand letter, return receipt requested, to the defendant. The demand letter must instruct the defendant to pay the amount due within 10 days of the date that the letter is sent, or else the plaintiff will file a small claims case against the defendant.

             (2) Wait at least 10 days from the date the demand letter is sent before filing a small claims case against the defendant.

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

      (b) Failure of the plaintiff to:

             (1) File a copy of the demand letter;

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

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

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

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

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 48.5.  Mandatory Small Claims Mediation Program.

      (a) Purpose. The court hereby establishes the Mandatory Small Claims Mediation Program:

             (1) To increase access to justice;

             (2) To increase parties’ satisfaction with the outcome;

             (3) To reduce future litigation by the same parties;

             (4) To make the most efficient use of judicial resources; and

             (5) To expand dispute resolution resources available to the parties.

      (b) Definitions. For the purpose of this rule, the following definitions apply:

             (1) Mediation. A process in which a mediator facilitates settlement discussions between parties.

             (2) Mediator. An impartial person who facilitates discussions between the parties to a mediation. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, reducing obstacles to communication, and providing the parties an opportunity for each to be heard in a dignified and thoughtful manner.

             (3) Party. Any person or entity whose name is designated on the record as plaintiff or defendant or any other person or entity that has filed an appearance.

      (c) Mediation through the Neighborhood Justice Center. Pursuant to NRS 244.1607, the North Las Vegas Justice Court utilizes the services of the court-connected Neighborhood Justice Center (NJC) in Clark County. Except as otherwise provided in this rule, all parties must attend mediation with the NJC prior to the trial of any small claims case filed under NRS Chapter 73.

      (d) Exemptions. Cases arising under NRS Chapter 97A and NRS Chapter 604A, and cases filed by an inmate against the Nevada Department of Corrections, are automatically exempt from the mandatory mediation requirement in small claims cases. A party who believes another type of case is inappropriate for mandatory mediation may seek an exemption from mediation.

             (1) The party seeking an exemption must file a motion with the court, along with proof of service of the motion.

             (2) The motion should be filed and served with the initial pleading of the moving party. A motion made after the filing of the moving party’s initial pleading must be filed and served no later than 10 judicial days before the scheduled mediation.

             (3) Any opposition to the motion must be in writing and must be filed and served no later than 5 judicial days before the scheduled mediation.

             (4) The motion will be considered without hearing, and the parties will be notified of the ruling by telephone.

      (e) Attendance.

             (1) The following persons shall attend a small claims mediation:

                   (A) Parties and counsel. All individual parties must attend the mediation. Although parties may proceed without an attorney in small claims cases, if a party has retained an attorney, that attorney must attend the mediation unless the represented party desires to proceed without counsel at the mediation.

                   (B) Public entities. If a party is a public entity, it shall appear by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body or officer of the entity.

                   (C) Other entities. If a party is an entity other than a public entity, it shall appear by the physical presence of a representative other than the party’s counsel of record who has full authority to settle without further consultation.

                   (D) Insured parties. If any party is insured for the claim in dispute, that party shall also be required to have its insurer(s) present by the physical presence of a representative of the insurance carrier(s) who is not that carrier’s outside counsel; this representative must have full settlement authority.

                   (E) Applicability to parties, counsel, and entities named above. The foregoing requirements of attendance may be varied only by written stipulation of the parties or by order of the mediator for good cause shown.

             (2) Default and dismissal in mandatory mediation small claims cases:

                   (A) Default. If the case was scheduled for mandatory mediation in accordance with this rule and if the plaintiff or plaintiffs were in attendance and the defendant or defendants were not in attendance for the scheduled mediation, the matter shall be subject to default judgment.

                   (B) Dismissal. If the case was scheduled for mandatory mediation in accordance with this rule and if the plaintiff or plaintiffs did not attend the mediation, the matter shall be subject to dismissal without prejudice.

             (3) Any settlement reached at mediation shall be binding on the parties and entered by the clerk as a judgment of dismissal, as appropriate. If mediation is unsuccessful because no settlement agreement was reached, the case will proceed to trial. This rule does not prevent a party from filing a motion for further proceedings based upon noncompliance with a settlement agreement.

      (f) Confidentiality. A mediator shall preserve and maintain the confidentiality of all mediation proceedings. Any communication made during the mediation that relates to the controversy mediated, whether made to the mediator or a party, or to any other person present at the mediation, is confidential.

      (g) Inadmissibility of mediation proceeding.

             (1) All mediation proceedings are deemed settlement conferences as prescribed by court rule and the Rules of Evidence. In addition, the parties shall not introduce into evidence, in any subsequent hearing in the related small claims case, the fact that there has been a mediation proceeding.

             (2) The admission of any party at the mediation proceeding shall not be disclosed or used in any subsequent hearing in the related small claims case.

             (3) A mediator shall not be called as a witness in any subsequent proceeding relating to the parties’ negotiation and participation except as set forth in subsection (h) of this rule.

      (h) Outcome of the mediation. The outcome of the mediation shall be submitted to the Justice Court Civil Clerk’s Office within 3 judicial days after the conclusion of the mediation, as follows:

             (1) If the mediation is successful in resolving the issues between the parties, the mediator shall so indicate on the Report of Small Claims Mediator form.

                   (A) The mediator will file the original copy of the Mediator Agreement form.

                   (B) The Civil Clerk’s Office will enter the Mediation Agreement form as a consent judgment or order for dismissal, as appropriate.

             (2) If an agreement is not reached, the mediator shall so indicate on the Report of Small Claims Mediator form. The case will then be set for trial before a justice of the peace.

             (3) If a settlement is reached as to fewer than all defendants, the mediator shall so indicate and list the remaining defendants on the Report of Small Claims Mediator form. The dispute between the remaining parties will then be set for trial before a justice of the peace.

             (4) If one or both parties fail to appear at any mediation, the mediator shall list each party that failed to appear on the Report of Small Claims Mediator form. A justice of the peace will then sign any appropriate order for dismissal or default judgment.

      (i) Interpreters. If a court-appointed interpreter is needed at a mediation for a party who does not speak English, or for a party with a communications disability, that party must file a written motion to request an interpreter, and the compensation for that interpreter shall be paid as provided by law. The interpreter’s role shall be strictly limited to that of interpreting, not offering opinions or suggestions.

      (j) Phone/video appearances. A party living outside Clark County or incarcerated in a prison or jail may participate in a mediation by telephone conference or video conference. The party must contact the North Las Vegas Justice Court in advance of the mediation to make necessary arrangements.

      [Added; effective April 21, 2014.]

      Rule 49.  Bankruptcy.  Whenever a party in a pending civil action files a federal bankruptcy proceeding entitling the party to an automatic stay, said party shall file written notice thereof in the North Las Vegas Justice Court within 10 days of the federal bankruptcy filing. The notice shall contain the caption and case number of the pending justice court action and include a photocopy of the face sheet of the bankruptcy petition certified by the clerk of the bankruptcy court and showing the filing number and filing date.

      [Added; effective April 21, 2014.]

      Rule 50.  Filings that may be rejected.  The court may reject filings that:

      (a) Do not include the appropriate filing fee;

      (b) Do not contain original signatures where required;

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

      (d) Are filed in the wrong jurisdiction; and

      (e) Are writs or other documents that include incorrect calculations; additionally, if the original writ of execution is lost and another writ of execution is requested, an affidavit of lost execution accompanied by a memorandum of costs must be submitted to the clerk’s office before a new writ shall issue.

      [Added; effective April 21, 2014.]

      Rule 51.  Actions arising under NRS Chapter 604A.  In an action arising under NRS Chapter 604A, the plaintiff must file a “Defaulted Loan Information Sheet,” which must include information in the following format:

 

DEFAULTED LOAN INFORMATION SHEET

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

 

Name of lender: ____________________________________________________

 

Name of borrower: __________________________________________________

 

Date of loan: ___________________ Principal amount: $___________________

 

Annual percentage rate: ___________ Total finance charges: $________________

 

Other fees (please specify): $__________________________________________

 

Total payment amount: $_____________________________________________

 

Date loan due: __________________ Date of default: ______________________

 

Date repayment plan sent to borrower: __________________________________

 

Expiration date of offer: _____________________________________________

 

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

 

Original loan amount: $______________________________________________

 

Interest accrued at original rate before default: $___________________________

 

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

 

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

 

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

 

Signature ___________________________   Executed on ___________________

 

      [Added; effective April 21, 2014.]

      Rule 52.  Renewals.

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

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

      [Added; effective April 21, 2014.]

      Rule 53.  Notices required by the court.

      (a) The chief judge may, by administrative order, require summonses, eviction notices, and any other documents specified by the chief judge to include the following:

             (1) Information about available self-help centers within the community;

             (2) Information about local legal aid organizations;

             (3) Citations to specific statutes, court rules, or cases that apply to the given document; or

             (4) Any other information deemed relevant and helpful to the recipient of the document.

      (b) The chief judge may, by administrative order, mandate that summonses, eviction notices, and any other documents specified by the chief judge must be in a standardized format as set forth by the chief judge.

      [Added; effective April 21, 2014.]

      Rule 54.  Masters.

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

      (b) Except as otherwise provided herein, proceedings before the master shall be in accordance with the provisions of JCRCP 53 and any applicable statutes.

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

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

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

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

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

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

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

      [Added; effective April 21, 2014.]

      Rule 55.  Special masters.

      (a) A judge may order the appointment of a special master for the purpose of settlement of cases of for any other proper purpose determined by the judge to whom a particular case has been assigned.

      (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 a special master to report upon particular issues in the case, including the holding of settlement conferences pursuant to Rule 24 of these rules. The stipulation may suggest the special master, in which case the judge may appoint the person named. A special master shall not be appointed to any particular case unless the special master consents to such appointment.

      (c) The compensation of members of the panel of special masters may be fixed by the court in its discretion, including any necessary disbursements, unless all interested parties consent to a rate of compensation or the special master consents to serve without compensation. Such compensation and disbursement shall be shared equally by the parties and taxed as costs, unless the court directs otherwise.

      [Added; effective April 21, 2014.]