[Rev. 11/20/2013 5:12:04 PM--2013]

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

APPROVED BY THE SUPREME COURT OF NEVADA

Effective June 28, 1983 and Including Amendments Through September 1, 2013

 

ORDER

 

      It Is Hereby Ordered that the Rules of Practice for the Third Judicial District of the State of Nevada be, and they hereby are, adopted. The rules shall read as follows:

 

      (Then followed Rules 1 to 12, inclusive.)

 

      It Is Further Ordered that the Rules of Practice for the Third Judicial District of the State of Nevada approved by this Court on February 25, 1976, are hereby superseded and repealed, effective June 28, 1983; and that publication of these superseding rules be made by the mailing of a printed copy by the clerk of the Court to each member of the State Bar of Nevada according to the clerk’s official list of membership of such bar (which will include all district judges and district attorneys) and the certificate of the clerk of this Court as to such mailing shall be conclusive evidence of the approval and publication of such rules in accordance with the provisions of NRS 2.120(2).

 

      Dated this 29th day of April, 1983.

 

BY THE COURT

 

Noel E. Manoukian, Chief Justice

 

Charles E. Springer                                                                       John C. Mowbray

      Associate Justice                                                                                    Associate Justice

 

Thomas L. Steffen                                                                          E.M. Gunderson

      Associate Justice                                                                                    Associate Justice

 

 

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

 

 

      Rule 1.  Organization of the court; application of the rules.

      A.  The Third Judicial District is comprised of Churchill County and Lyon County and, as of January 1, 1988, consists of two departments.

      B.  The word “rule,” without further identification, means one of the Rules of Practice and may be cited as the “Third Judicial District Court Rules” which may be referred to and abbreviated as “T.J.D.C.R.”

      C.  These rules are intended to be supplemental to the District Court Rules (D.C.R.) of the State of Nevada.

      D.  Whenever it appears to the court that a particular situation does not fall within any of these rules, or that the literal application of a rule would work hardship or injustice in any case, the court shall make such order as the interests of justice require.

      E.  The Judges of this court may interchange with each other. In the event of absence or upon the inability of a Judge or when agreed by the Judges, either Judge may act in the department of the other without specific assignment of causes.

      F.  Assignment of cases.

      (1) All civil and criminal actions, except as hereafter provided, shall be assigned to a department for all further action therein when set for trial or pretrial, or when any contested matter has been heard therein. Probate and guardianship matters, unless summary administration be ordered, shall remain in the department in which they are first heard.

      (2) Cases will not be reassigned unless upon good cause and order signed by both Judges, or upon disqualification, or as otherwise provided by rule or law.

      [Added; effective November 6, 1987.]

      Rule 2.  Law and motion calendar.

      A.  The law and motion calendar shall be called as follows:

 

Churchill County:                   Tuesday of each week at 9:00 a.m.

Lyon County:                          Monday of each week at 9:00 a.m.

 

      B.  When a legal holiday falls on either Monday or Tuesday, the calendar for the county affected by the holiday will be called on Wednesday of that week.

      C.  Except in cases of emergency, and with the presiding judge’s written approval, no matter will be placed on the law and motion calendar unless the clerk of the appropriate county is notified not later than:

 

Churchill County:                   12:00 noon of the preceding Monday.

Lyon County:                          5:00 p.m. of the preceding Thursday.

 

      [As amended; effective November 6, 1987.]

      Rule 3.  Setting for trial or hearing.

      A.  Settings for trial or hearing will be made by the court upon an application for setting being filed with the clerk and served on all other parties. After filing the application, the clerk shall place the case on the calendar for the next regular law and motion day next following the expiration of fourteen (14) days after receipt of the application. The clerk shall advise all parties of the date upon which the setting will be made and shall provide each party with a setting questionnaire in a form prescribed by the court. Parties shall complete and return the questionnaire to the clerk prior to the date of the setting. The court will set the matter for hearing at the earliest available date consistent with the court’s calendar and the calendars of those parties who have returned the questionnaire. The clerk shall then notify all parties of the date and time set for the trial or hearing.

      B.  The following matters, if uncontested, may be set by the clerk on any law and motion day upon request of counsel, without compliance with Rule 3A:

      (1) Adoptions.

      (2) Divorces.

      (3) Annulments.

      (4) Estate proceedings.

      (5) Guardianships.

      (6) Name changes.

      (7) Termination of parental rights.

      (8) Default judgments.

      (9) Proceedings under the Uniform Reciprocal Enforcement of Support Act.

      (10) Criminal arraignments, plea changes and sentencings.

      (11) Juvenile proceedings.

      (12) Other similar matters.

      [As amended; effective November 6, 1987.]

      Rule 4.  Pretrial.

      A.  The court may require a pretrial conference.

      B.  Not later than ten (10) days prior to the pretrial conference, and upon the initiative of counsel for plaintiff, counsel who will try the case for the parties and who are authorized to make binding stipulations shall meet personally, discuss settlement and prepare and lodge with the court, and exchange with each other, a proposed written pretrial order containing the following:

      (1) A concise statement of the nature of the action.

      (2) A statement of all uncontested facts deemed material in the action.

      (3) A statement of the contested issues of fact in the case.

      (4) A statement of the contested issues of law in the case.

      (5) Plaintiff’s statement of any other issues of fact or law deemed to be material.

      (6) Defendant’s statement of any other issues of fact or law deemed to be material.

      (7) Lists or schedules of all exhibits which will be offered in evidence by the parties at the trial. Such lists or schedules shall:

             (a) Describe the exhibits sufficiently for ready identification;

             (b) Indicate those exhibits agreed by the parties to be admissible at trial; and

             (c) With respect to each exhibit on the lists or schedules, counsel shall either agree as to admissibility or reach such stipulations regarding the exhibits as are possible. Stipulations as to authenticity and identification of documents shall be made whenever possible. All objections to exhibits and grounds for objections shall be listed.

      (8) A statement by counsel for each party indicating any depositions intended to be offered by him at the trial, indicating with respect thereto the portions to be offered and the party or parties against whom they will be offered. This shall not apply to depositions to be used solely for impeachment.

      (9) A statement by counsel for the party or parties against whom deposition testimony is to be offered stating the objections, and the grounds therefor, which counsel will assert at the trial to the deposition testimony.

      (10) A list of witnesses with their addresses who will be called at the trial.

      (11) The necessity or desirability of amendments to the pleadings.

      (12) The advisability of a preliminary reference of issues to a special master.

      C.  Except when offered for impeachment or rebuttal purposes, no exhibit shall be received and no witnesses shall be permitted to testify at the trial unless listed in the pretrial order. However, for good cause shown the court may allow an exception to this provision.

      D.  At the pretrial conference the court will consider:

      (1) The sufficiency of the proposed pretrial order.

      (2) The differences, if any, between the parties as set forth in the proposed order concerning issues of law or fact.

      (3) Motions and related matters, the hearing of which had been deferred to the time of the pretrial conference.

      (4) The necessity or desirability of amendments to the pleadings.

      (5) The advisability of a preliminary reference of issues to a special master.

      (6) Any other matter which may be presented relative to parties, process, pleading or proof, with a view to simplifying the issues and achieving a just, speedy and inexpensive determination of the case.

      (7) Requirement with respect to trial briefs.

      (8) Requirement with respect to requests for instructions and suggested special questions to be asked by the court on voir dire in cases to be tried by jury.

      (9) The number of expert witnesses to be permitted to testify on any one subject.

      (10) The possibility of compromise or settlement, but nothing with respect thereto shall be incorporated in the pretrial order or the minutes of the pretrial conference, and any discussion with respect to settlement shall be entirely without prejudice and may not be referred to during the trial of the case or in any arguments or motions, unless the court for good cause permits it.

      E.  Upon conclusion of the pretrial conference, if not previously set for trial, the court will set the case for trial and enter such further orders as the status of the case may require.

      F.  Failure of any counsel to appear at the pretrial conference, to participate therein in good faith, to prepare fully therefor, or to have complied in good faith with the rules governing pretrial discovery procedures shall result in the court making such orders as deemed appropriate, including the imposition of appropriate sanctions.

      G.  Form of pretrial order:

 

Case No.:

 

IN THE THIRD JUDICIAL DISTRICT COURT OF THE STATE

OF NEVADA IN AND FOR THE COUNTY OF..........

 

...................................................... ,

                                        Plaintiff,

                          vs.                                                                                    PRETRIAL ORDER

...................................................... ,

                                    Defendant.

 

      Following pretrial proceedings in the cause pursuant to N.R.C.P. 16 and Local Rule 4,

      IT IS ORDERED:

 

I

 

      This is an action for: (State nature of action, including relief sought and identification of parties.)

 

II

 

      The following facts are admitted by the parties and require no proof: (List admitted facts.)

.......................................................................................................................................................

.......................................................................................................................................................

 

III

 

      The following facts, though not admitted, will not be contested at trial by evidence to the contrary: (List uncontested facts.)

.......................................................................................................................................................

.......................................................................................................................................................

 

IV

 

      The following are the issues of fact to be tried and determined upon trial: (State each issue of fact separately and in specific terms. Should counsel be unable to agree upon the language of the statement of issues of fact to be tried and determined upon the trial, counsel shall include separate statements of issues of fact to be tried and determined upon trial.)

.......................................................................................................................................................

.......................................................................................................................................................

 

V

 

      The following are the issues of law to be tried and determined upon trial: (State each issue of law separately and in specific terms. Should counsel be unable to agree upon the language of the statement of issues of law to be tried and determined upon the trial, counsel shall include separate statements of issues of law to be tried and determined upon trial.)

.......................................................................................................................................................

.......................................................................................................................................................

 

VI

 

      A.  The following exhibits are admissible in evidence in this case and may be marked in evidence by the clerk:

      (1) Plaintiff’s exhibits:

      (2) Defendant’s exhibits:

      B.  As to the following exhibits, the parties have reached the following stipulations regarding the same:

      (1) (State stipulations as to plaintiff’s exhibits.)

      (2) (State stipulations as to defendant’s exhibits.)

      C.  As to the following exhibits, the party against whom the same will be offered objects to their admission upon the grounds stated:

      (1) (State objections to plaintiff’s exhibits.)

      (2) (State objections to defendant’s exhibits.)

      D.  Depositions:

      (1) Plaintiff will offer the following depositions: (State name of deponent and describe portions to be offered by pages and lines and the party or parties against whom offered.)

      (2) Defendant will offer the following depositions: (State name of deponent and describe portions to be offered by pages and lines and the party or parties against whom offered.)

      E.  Objections to depositions:

      (1) Defendant objects to plaintiff’s depositions as follows:

.......................................................................................................................................................

.......................................................................................................................................................

      (2) Plaintiff objects to defendant’s depositions as follows:

.......................................................................................................................................................

.......................................................................................................................................................

 

VII

 

      The following witnesses may be called by the parties upon trial:

      A.  Plaintiff’s witnesses: (State names and addresses.)

      B.  Defendant’s witnesses: (State names and addresses.)

 

APPROVED AS TO FORM AND CONTENT:

 

...............................................................

Attorney for plaintiff

...............................................................

Attorney for defendant

 

VIII

 

ACTION BY THE COURT

 

      A.  This case is set down for trial on ..............................................................................

      B.  Trial briefs will be submitted to the court and served upon counsel for all parties on or before          

      C.  Jury trials:

      (1) Instructions requested by either party shall be submitted to the court on or before                

      (2) Suggested questions of the parties to be asked of the jury panel by the court on voir dire shall be submitted to the court on or before     

.......................................................................................................................................................

      The foregoing pretrial order has been approved by the parties to this action as evidenced by the signatures of their counsel hereon, and the order is hereby entered and will govern the trial of this case. This order shall not be amended except by order of the court pursuant to agreement of the parties or by the court on its own motion for good cause or to prevent manifest injustice.

      Any party may, within ten (10) days’ receipt of the order, or in such lesser time as ordered by the court, move to modify.

      Dated this ................ day of ................, 19......

.......................................................................

                                                                                 DISTRICT JUDGE

 

      [As amended; effective November 6, 1987.]

      Rule 5.  Continuances.  Continuances of any trial or hearing, set in accordance with the provisions of Rule 3A, will be granted only:

      A.  Upon compliance with District Court Rule 14; or

      B.  Upon the court’s own motion when necessary by reason of the other business of the court; or

      C.  Upon written stipulation of counsel, endorsed by all parties and filed not less than ten (10) days prior to the date of trial or hearing.

      [As amended; effective November 6, 1987.]

      Rule 6.  Trial statements.  At least ten (10) days prior to trial in all cases in which no pretrial conference has been held, counsel for all parties shall be required to meet and stipulate to as many facts and issues as possible, or state why they cannot do so. A certification that this portion of Rule 6 has been complied with shall be annexed to the trial statement and made a part thereof.

      At least five (5) days prior to a civil trial, each party shall file and serve on all other parties a trial statement which shall set forth the following matters in the following order:

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

      B.  A statement of admitted or undisputed facts.

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

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

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

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

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

      H.  In contested domestic relations cases, the court may order both plaintiff and defendant to complete and file with the court and serve on the opposing party a financial declaration statement (provided by the court) no later than five (5) days prior to the date set for the trial or hearing.

      [As amended; effective November 6, 1987.]

      Rule 7.  Motions and similar moving papers in civil cases.

      A.  Upon filing any motion, the moving party shall file with the motion and serve on all parties a memorandum setting forth the points and authorities relied upon in support of the motion.

      B.  An opposing party, unless otherwise ordered by the court, shall have ten (10) days after service of the moving party’s memorandum within which to serve and file a memorandum of points and authorities in opposition to the motion.

      C.  The moving party, unless otherwise ordered by the court, shall have ten (10) days after service of the opposing memorandum to file and serve a reply memorandum of points and authorities, if he so desires.

      D.  The failure of a moving party to file a memorandum of points and authorities in support of a motion shall constitute a consent to the denial of the motion; the failure of an opposing party to file a memorandum of points and authorities in opposition to any motion within the time permitted shall constitute a consent to the granting of the motion.

      E.  Proposed orders shall accompany the motion and opposing memorandum.

      F.  On motions for summary judgment, each party shall file a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, and cite the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other matter upon which he relies in making such argument.

      G.  Oral argument.

      1.  Decisions on all motions, unless otherwise provided for in these rules, shall be rendered without oral argument unless oral argument is requested by the court, in which event the court shall set a date and time for hearing, which hearing shall be set in accordance with the provisions of Rule 3A. Either party may request a hearing, which request may be granted or denied by the court.

      2.  In all cases where the granting of a motion would dispose of the action on the merits, with prejudice, the party resisting the motion may request oral argument, and such request shall be granted unless the motion is denied. If no such request is made, oral arguments shall be deemed to have been waived.

      3.  Either party may, in writing, upon expiration of the time in which the moving party has to file a reply memorandum, notify the clerk who shall in turn inform the court that the matter is submitted to the court for decision.

      [As amended; effective November 6, 1987.]

      Rule 8.  Jury instructions.  Proposed special jury instructions and forms of verdicts must be served on all counsel and received by the judge at the commencement of the trial. Additionally, special instructions developed during the course of the trial and which could not reasonably have been anticipated before trial shall be exchanged by counsel and submitted to the court as soon as practicable. An original and one copy of each instruction requested by any party must be tendered to the court. The copies must indicate who tendered them.

      A.  All original proposed jury instructions shall be in clear, legible type on clean, white paper of standard quality, not less than 16-lb. weight, 8 1/2 x 11 inches in size, with black border line and no less than 28 numbered lines.

      B.  The designation “Instruction No. ...............” shall be centered on line one (of the first page) of each instruction.

      C.  The original instructions shall not bear any markings identifying the submitting attorney, and shall not contain any citations of authority. No portion thereof shall be in capital letters, underlined or otherwise emphasized.

      D.  Counsel are required to submit authorities, if any, and the same may appear on a carbon copy or photocopy of the instructions.

      E.  The instructions given to the jury will be firmly bound together and the judge shall writ the word “Given” at the conclusion thereof and sign the last of the instructions to signify that all have been given.

      [Added; effective November 6, 1987.]

      Rule 9.  Voir dire examination.  The judge shall conduct the voir dire examination of the jurors. Proposed voir dire questions by the parties or their attorneys must be submitted to the court in chambers not less than ten (10) days before the day the trial is to commence. Upon the request of counsel made and approved prior to the commencement of the trial, the trial judge may permit such counsel to supplement the judge’s examination by oral and direct questioning of any of the prospective jurors. The scope of such additional questions or supplemental examination shall be within reasonable limits prescribed by the trial judge in his sound discretion.

      The following areas on inquiry are not properly within the scope of voir dire examination by counsel:

      A.  Questions already asked by the court or counsel and answered.

      B.  Questions touching upon anticipated instructions on the law.

      C.  Questions touching upon the verdict a juror would return when based upon hypothetical facts.

      D.  Questions that are, in substance, arguments of the case.

      [Added; effective November 6, 1987.]

      Rule 10.  Courtroom conduct and attire.  Proceedings in court should be conducted with fitting dignity and decorum.

      The following attire shall be required for all court appearances:

      A.  Attorneys:

      1.  All male attorneys shall wear full length trousers, dress-type shirts, coats and ties.

      2.  All female attorneys shall wear suitable dresses or pantsuits.

      B.  Litigants, witnesses and jurors (minimum requirements):

      1.  Male: Long or short sleeve dress-type shirts; slacks or dress-type denim trousers; dress shoes or boots.

      2.  Female: Dresses; dress slacks or skirts and blouses; dress shoes.

      3.  Law enforcement personnel may elect to wear uniforms.

      In no event will t-shirts, tank or halter tops, shorts, soiled or unkempt clothing, thongs, sandals or casual exercise apparel be allowed.

      [Added; effective November 6, 1987]

      Rule 11.  Sanctions for noncompliance.  If a party or an attorney fails, refuses or neglects to comply with these rules, the District Court Rules, the Nevada Rules of Civil Procedure, the Supreme Court Rules, or any statutory requirements, the court may, after notice and an opportunity to be heard, impose any and all sanctions authorized by statute or rule, including, without limitation, the following:

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

      B.  Continue any hearing until the disobedient party or attorney has complied with the requirements imposed, and require the disobedient party to pay the other party his expenses, including a reasonable attorney’s fee, incurred in preparing for and attending such hearing, together with costs and attorney’s fees incurred as a result of such continuance.

      C.  Set the case for immediate trial.

      D.  Impose a fine.

      E.  Continue the trial subject to prescribed conditions.

      F.  Where such party or attorney has failed to make an adequate and fair disclosure of any matters in his pretrial memorandum or at the pretrial conference, refuse to allow the disobedient party or attorney to support or oppose designated claims or defenses, or prohibit him from introducing evidence of physical or mental condition or from introducing in evidence designated documents or things or items of testimony.

      G.  Enter the default of the disobedient party or attorney and, in the court’s sound discretion, dismiss the action or strike the defense of the disobedient party or attorney, with or without prejudice.

      [As amended; effective November 6, 1987.]

      Rule 12.  Settlements in jury trials.

      A.  Any civil case settled after a jury has been summoned may be settled only upon condition that one or more of the parties involved reimburse the county for all expenses incurred to the date of settlement in summoning and securing the attendance of all prospective jurors.

      B.  No plea bargain will be considered or accepted by the court in any criminal case after a jury has been summoned. Nothing in this subsection shall prevent the defendant in the criminal case from entering a plea of guilty to the original charge against said defendant.

      Rule 13.  Jury commissioner; jurors.

      A.  Pursuant to the provision of NRS 6.045, as amended, the court hereby designates the clerk of the court of each county, or such deputy clerk as may be assigned with the approval of the judges, as jury commissioner. The district judges may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration. The jury commissioner is directly responsible to the district court.

      B.  The jury commissioner shall, on or before the 15th day of January of each year, estimate the number of trial jurors which shall be required for attendance in the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner. Such commissioner shall keep a record of the name, occupation and address of each person selected.

      C.  At least two (2) weeks prior to the time when the persons whose names are drawn are required to appear for jury service, the jury commissioner shall draw a regular panel of trial jurors for a designated case from the venire established by the selection process outlined in subparagraph B of this rule. The jury commissioner shall make a list of the names obtained and retain said list in the jury commissioner’s office subject to inspection by any officer or attorney of the court, furnish a copy of the same to each attorney involved and issue a venire and deliver the same to the sheriff. The sheriff shall make return of the venire to the jury commissioner at least one (1) day prior to the day named for the prospective jurors’ appearance. Such selection may be by computer whenever procedures to assure random selection from the panel of trial jurors are established by the jury commissioner.

      D.  Each person summoned as a trial juror pursuant to law and this rule shall serve for a period of time set by the court.

      E.  The names of prospective jurors who have been summoned for service in a department of the court and whose services subsequently are not required shall be returned by the jury commissioner to the master list of prospective jurors as selected pursuant to subparagraph B of this rule.

      F.  A person summoned for jury service may be excused by the jury commissioner because of sickness or physical disability, serious illness or death of a member of his or her immediate family, undue hardship or extreme inconvenience or public necessity.

      [Added; effective January 27, 1990.]