[Rev. 11/20/2013 5:01:19 PM--2013]

NEVADA RULES ON THE ADMINISTRATIVE DOCKET

 

 

 

 

ADOPTED

BY THE

SUPREME COURT OF NEVADA

 

____________

 

 

Effective July 12, 1978

and Including

Amendments Through September 1, 2013

 

 

ORDER ADOPTING RULES ON THE ADMINISTRATIVE DOCKET

__________

 

      It Is So Ordered.

 

      Dated this 7th day of June, 1978.

 

      It Is Further Ordered, that publication of the Nevada Rules on the Administrative Docket shall be made by mailing a copy of the rules by the Clerk of this Court to each member of the State Bar of Nevada according to the Clerk’s official list of membership of such Bar (which will include all district judges and district attorneys), to all other judges serving in any of the courts of this state, and to members of the news media who have heretofore requested that their names be placed on the Court’s mailing list for the purpose of receiving its printed opinions. The certificate of the Clerk of this Court as to such mailing shall be conclusive evidence of the approval and publication of the Nevada Rules on the Administrative Docket.

 

      Dated this 16th day of June, 1978.

 

 

BY THE COURT

 

Cameron M. Batjer, Chief Justice

 

      John Mowbray                                                                           Gordon Thompson

             Associate Justice                                                                            Associate Justice

 

      E.M. Gunderson                                                                         Noel E. Manoukian

             Associate Justice                                                                            Associate Justice

 

NEVADA RULES ON THE ADMINISTRATIVE DOCKET

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Preamble

 

 

      The supreme court of Nevada has the constitutional obligation to attend to the administration of the court system. It is the policy of the supreme court of Nevada to provide a comprehensive, coherent mechanism for the adoption, amendment, and repeal of administrative rules for the judicial system of Nevada, and to accord administrative matters the priority they merit from a court whose time and talents could be consumed by other judicial matters. The supreme court will exercise its authority to adopt, amend, or repeal administrative rules, according to the methods and procedures prescribed herein.

      Section 1.  Definitions.

      1.1.  “Administrative rules” includes supreme court rules and regulations and amendments thereto, of general application, relating to the operation of the judicial system and the government of the state bar of Nevada.

      1.2.  “Judge” includes supreme court justices and judges of the district, justice and municipal courts of the Nevada court system.

      1.3.  “Clerk” shall mean the clerk of the supreme court.

      1.4.  “Court” shall mean the supreme court of Nevada.

      1.5.  “Chief justice” shall mean the chief justice of the supreme court of Nevada.

 

      Section 2.  Docket, calendar.

      2.1.  The clerk shall keep a record known as the administrative docket in such form and style as may be prescribed by the court, and shall enter therein each petition.

      2.2.  Petitions shall be assigned consecutive file numbers preceded by the letters “ADKT.”

      2.3.  The file number, preceded by the letters “ADKT,” shall be noted on the first page of the petition.

      2.4.  All papers, comments, reports, and orders shall be entered chronologically in the docket on the page assigned to the petition.

      2.5.  Entries shall show the date made and nature of each paper, comment, report, or order filed.

      The clerk shall prepare and submit to the chief justice, each study committee, and special master, a report showing the status of each petition no later than 7 days prior to the end of each month.

      The clerk shall keep other records as may be required by the chief justice.

 

      Section 3.  Petitioners and form of petition.

      3.1.  The chief justice shall be responsible for the operation of the administrative docket.

      3.2.  Any judge, the director of the administrative office of the courts, or the board of governors of the state bar of Nevada may file with the clerk a petition to adopt, amend, or repeal an administrative rule. The court may adopt, amend or repeal administrative rules on its own motion without following these rules.

      3.3.  The petition shall state petitioner’s grounds for the adoption, amendment, or repeal of the rule or order, include a draft of the proposed new or amended rule or order, and be accompanied by such supporting documentation as may be necessary.

      3.4.  All petitions, reports, and comments must appear upon opaque, unglazed paper, 8 1/2 inches by 11 inches in size. Lines of typewritten text shall be double spaced, and the text may be printed in 10-or 12-point type. Consecutive sheets shall be attached at the left margin. Eight copies of a petition, report, or comment shall be filed with the clerk. Papers shall be entitled “In the Matter of the .................... (adoption, repeal, or amendment) of ....................”

      [As amended; effective December 3, 1985.]

      Section 4.  Time computation, petition processing, reporting to court.

      4.1.  For purposes of computing time under these rules, a petition is deemed to be filed on the first day of the month following actual receipt and filing by the clerk.

      4.2.  Nothing contained herein shall prevent accelerated action on any petition by the court.

      4.3.  By the last day of the month in which a petition has been filed, the chief justice, in his discretion, may process the petition in the following manner:

      (a) Reject petition if the petition is improper or is frivolous; or

      (b) Submit the matter directly to the court for its consideration and decision; or

      (c) Refer the petition to a study committee described in section 7; or

      (d) Refer the petition to a special master for the purpose of holding hearings on the matter after appropriate notice is given to interested parties, as instructed by the chief justice.

      4.4.  By the last day of the second month after the filing of the petition the study committee or special master shall file a report of their findings with the clerk. A copy of the report shall be provided for each justice. Under special circumstances, the chief justice may extend this time period.

 

       Comment:  The computation of time is tolled between the actual filing of the petition and the first day of the next month. Thereafter, all time periods are computed by even calendar months so that all deadlines for matters on the administrative docket, which is expected to remain relatively small, fall at the end of a calendar month. It is anticipated that this method, combined with the monthly report to be prepared by the clerk, will insure the smooth operation of the administrative docket.

 

      Section 5.  Time schedule for decision or argument.

      5.1.  If the chief justice submits the matter directly to the court for consideration and decision pursuant to Rule 4.3(b), the court shall adopt, modify and adopt, or reject the matter by the last day of the 4th month after the filing of the petition.

      5.2.  If the chief justice refers the matter to a study committee pursuant to Rule 4.3(c) or to a special master, pursuant to Rule 4.3(d), the court shall adopt, modify and adopt, or reject the matter within 2 months of the reporting deadline for the study committee or special master.

      5.3.  The chief justice shall insure that the matter is placed on the agenda and that sufficient time is allotted at one or more court meetings to assure a considered and timely decision by the court.

      5.4.  If, after reviewing the matter, the court determines that additional time, additional information, comments, or an argument before it is warranted, the court may extend the time to adopt, modify and adopt, or reject the matter for periods of time not to exceed 4 months in the aggregate.

      5.5.  If an argument is ordered, it shall be held at the time and place, and under the conditions set by the court.

      5.6.  The court may regulate, by directive or order, the format, length, and time for submission of comments.

 

      Section 6.  Notice and publication of administrative rules.

      6.1.  Notice shall be given within 30 days of the adoption of any administrative rule.

      6.2.  Notice shall be given by mailing a copy of the rule to the executive director of the Nevada state bar and to each district judge. Further notice shall be given as may be directed by the court.

      6.3.  Rules adopted or amended by the supreme court shall be published by the clerk of the supreme court in the same manner as an opinion of this court.

      6.4.  The clerk shall cause a notice of entry of this court’s orders adopting, amending, or repealing administrative rules to be published in the official publication of the State Bar of Nevada.

      6.5.  Unless otherwise ordered, the clerk shall disseminate printed copies of this court’s orders adopting, amending, or repealing administrative rules without charge to those subscribing to the advance sheets of the Nevada Reports, the fee being set by NRS 2.250(1)(d).

      6.6.  The clerk shall charge $2.00 for a single printed copy of this court’s orders adopting, amending, or repealing administrative rules. The clerk’s customary photocopy charges shall otherwise apply.

      [As amended; effective February 1, 1995.]

      Section 7.  Study committees on rules.

      7.1.  The chief justice may designate one or more persons, groups, committees, agencies, or others, as he deems proper as a study committee.

      7.2.  The study committee may hold hearings or solicit input as it sees fit in its study of the matter.

 

      Section 8.  Action of supreme court in adoption.

      8.1.  The action on any rule adopted or amended may be accompanied by an official comment.

      8.2.  Whenever necessary for clarity, or to correct error, an amendment to an administrative rule may be promulgated without following the procedure described in these rules.

 

      Section 9.  Reconsideration of administrative rule does not act as stay.

      9.1.  A request for reconsideration is treated as a petition pursuant to section 4.

      9.2.  A request for reconsideration of an administrative rule, does not stay the rule or order unless the supreme court orders a stay. The court may impose any terms and conditions for a stay it deems proper.

 

      Section 10.  Effective term of administrative rule.

      Each administrative rule has an indefinite effective term unless otherwise ordered by the court.

 

      Section 11.  Effective date of administrative rule.

      Each final action taken by the supreme court on an administrative rule becomes effective on the 30th day after the date of adoption or repeal unless otherwise ordered by the supreme court.

 

      Section 12.  Effective date.

      The effective date of this rule will be July 12, 1978, and will apply to all rules and proposed rules after that date.

 

      Section 13.  Present rules remain in effect.

      All rules in effect on the date of the adoption of this rule remain in effect.

 

      Section 14.  Citation.

      The Nevada Rules on the Administrative Docket may be cited NRAD.