Archive for: February, 2017

Nevada Arbitration Rules

Rule 1.  The court annexed arbitration program
Rule 2.  Intent of program and application of rules
Rule 3.  Matters subject to arbitration
Rule 4.  Relationship to district court jurisdiction and rules
Rule 5.  Exemptions from arbitration
(more…)

Nevada Rules of Civil Procedure

Rule 85. Citation

These rules may be cited as NRCP.

Nevada Rules of Civil Procedure

Rule 33. Interrogatories to Parties

(a)     In General.

(1)    Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 40 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).

(2)    Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.

(b)     Answers and Objections.

(1)     Responding Party. The interrogatories must be answered:

(A)    by the party to whom they are directed; or

(B)    if that party is a public or private corporation, a partnership, an association, a governmental agency, or other entity, by any officer or agent, who must furnish the information available to the party.

(2)     Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

(3)     Answering Each Interrogatory. Each interrogatory must be set out, and, to the extent it is not objected to, be answered separately and fully in writing under oath.

(4)    Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure. The interrogating party may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

(5)    Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.

(c)   Use. An answer to an interrogatory may be used to the extent allowed by Nevada law of evidence.

(d)    Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

(1)    specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

(2)    giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

Advisory Committee Note—2019 Amendment

Rule 33 resembles FRCP 33 but preserves Nevada’s 40-interrogatory limit in Rule 33(a)(1) and in Rule 33(b)(4) specifies that Rule 37 applies to unfounded objections and failures to answer.

Nevada Rules of Civil Procedure

(January 2017)

I.     SCOPE OF RULES—ONE FORM OF ACTION

NRCP 1 – SCOPE AND PURPOSE
NRCP 2 – ONE FORM OF ACTION

II.     COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS (more…)

Nevada Rules of Civil Procedure

Form 13.  Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b)

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. Defendant C. D. on or about __________ executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant C. D. promised to pay to plaintiff or order on __________ the sum of five thousand dollars with interest thereon at the rate of __________ percent per annum].

      2. Defendant C. D. owes to plaintiff the amount of said note and interest.

      3. Defendant C. D. on or about __________ conveyed all his property, real and personal [or specify and describe] to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.

      Wherefore plaintiff demands:

      (1) That plaintiff have judgment against defendant C. D. for ten thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.

Nevada Rules of Civil Procedure

Form 12.  Complaint for Specific Performance of Contract to Convey Land

       1. On or about December 1, 1936, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.

       2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.

       3. Plaintiff now offers to pay the purchase price.

       Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars.

      NOTE—Here, as in Form 3, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Furthermore, plaintiff may seek legal or equitable relief or both.

Nevada Rules of Civil Procedure

Form 11.  Complaint for Conversion

       On or about December 1, 1936, defendant converted to his own use ten bonds of the _________ Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs.

Nevada Rules of Civil Procedure

Form 10.  Complaint for Negligence Where Plaintiff Is Unable to Determine Definitely Whether the Person Responsible Is C. D. or E. F. or Whether Both Are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence

A. B., Plaintiff                                }

        v.                                               }        Complaint

C. D. and E. F., Defendants         }

      1. On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant C. D. or defendant E. F., or both defendants C. D. and E. F. wilfully or recklessly or negligently drove or cause to be driven a motor vehicle against plaintiff who was then crossing said highway.

       2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Werefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs.

Nevada Rules of Civil Procedure

Form 9.  Complaint for Negligence

       1.  On June 1, 1936, in a public highway called Boylston Street in Boston, Massachusetts, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

       2.  As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

       Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs.

       NOTE—Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.

Nevada Rules of Civil Procedure

 Form 8.  Complaint for Money Had and Received

       Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1936, to be paid by the defendant to plaintiff.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 7.  Complaint for Money Paid by Mistake

       Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1936, under the following circumstances: [here state the circumstances with particularity -see Rule 9(b)].

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 6.  Complaint for Money Lent

       Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1936.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 5.  Complaint for Goods Sold and Delivered

       Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1936 and December 1, 1936.

       Wherefore (etc. as in Form 3).

       NOTE—This form may be used where the action is for an agreed price or for the reasonable value of the goods.

Nevada Rules of Civil Procedure

Form 4.  Complaint on an Account

       Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A.

       Wherefore (etc. as in Form 3).

Nevada Rules of Civil Procedure

Form 3.  Complaint on a Promissory Note

      1.  Defendant on or about June 1, 1935, executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1936 the sum of ten thousand dollars with interest thereon at the rate of six percent per annum].

      2.  Defendant owes to plaintiff the amount of said note and interest.

      Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, and costs.

                                                                     Signed:_____________________________

                                                                          Attorney for Plaintiff

                                                                   Address:_____________________________

                                                              Telephone:_____________________________

 

      NOTES TO FORM 3

      1.  The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect.

       2.  Under the rules free joinder of claims is permitted. See Rules 8(e) and 18. Consequently the claims set forth in each and all of the following forms may be joined with this complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular the rules permit alternative and inconsistent pleading. See Form 10.

Nevada Rules of Civil Procedure

Form 1.  Summons

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Summons

C.D., Defendant                             }

To the above-named Defendants:

      You are hereby summoned and required to serve upon _______________, plaintiff’s attorney, whose address is _______________, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. (The State of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members, and legislators, each has 45 days after service of this summons within which to file an answer to the complaint.) If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.1

                                                                                ______________________________

                                                                        Clerk of Court

[Seal of the District Court]

Dated: ______________

_______________________

      1 When service is by publication, add a brief statement of the object of the action, e.g., “This action is brought to recover a judgment dissolving the contract of marriage existing between you and the plaintiff.” See Rule 4(b).

      [As amended; effective April 24, 1998.]

Nevada Rules of Civil Procedure

Rule 84. Forms

The forms contained in the Appendix of Forms are authorized for use in Nevada courts.

Advisory Committee Note—2019 Amendment

The amendments delete the general-practice forms previously appended to the NRCP. In their place, the introduction to Appendix of Forms lists some of the on-line, self-help, and other resources available to practitioners and self-represented parties. As amended, the Appendix of

Forms includes forms addressing waiver of service under Rule 4.1, consent to electronic service, and financial disclosures in family court. The elimination of the general-practice forms does not alter existing pleading standards or otherwise change the requirements of Rule 8.

Nevada Rules of Civil Procedure

Rule 83. Rules by District Courts; Judge’s Directives

(a)      Local Rules and District Court Rules.

(1)    Local Rules. A judicial district may make and amend rules governing practice therein by submitting the proposed rules, approved by a majority of its district judges, to the Nevada Supreme Court for its review and approval. A local rule must be consistent with—but not duplicate—these rules. Unless otherwise ordered by the Supreme Court, a new or amended local rule takes effect 60 days after it is approved by the Supreme Court.

(2)     Reference. The local rules of practice and the District Court Rules are referred to collectively in these rules as the local rules.

(3)     Requirements of Form. A local rule imposing a requirement of form must not be enforced in a way that causes a party to lose any right because of a nonwillful failure to comply.

(b)     Procedure When There Is No Controlling Law. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.

Nevada Rules of Civil Procedure

Rule 82. Jurisdiction and Venue Unaffected

These rules do not extend or limit the jurisdiction of the district courts or the venue of actions in those courts.

Nevada Rules of Civil Procedure

Rule 81. Applicability of the Rules in General; Remanded Actions

(a)      To What Proceedings Applicable. These rules do not govern procedure and practice in any special statutory proceeding insofar as they are inconsistent or in conflict with the procedure and practice provided by the applicable statute.

(b)      Reserved.

(c)     Remanded Actions. A plaintiff whose action is removed from state to federal court and thereafter remanded must file and serve written notice of entry of the remand order. No default may be taken against a defendant in the remanded action until 14 days after service of written notice of entry of the remand order. Within that time, a defendant may move or plead as it might have done had the action not been removed.

(d)      Reserved.

Advisory Committee Note—2019 Amendment

The amendments delete the second and third sentences of former NRCP 81(a) as no longer needed and make stylistic revisions to NRCP 81(c).

Nevada Rules of Civil Procedure

Rule 80. Transcript or Recording of Testimony as Evidence

If recorded or stenographically reported testimony at a hearing or trial is admissible in evidence at a later trial, the testimony may be proved by:

(a)      a transcript certified by the person who stenographically reported it; or

(b)      an audio or audiovisual recording certified by the court in which the recording was made.

Advisory Committee Note—2019 Amendment

The amendments to Rule 80(a) retain former NRCP 80(c)’s provision for stenographic transcripts and add Rule 80(b) to govern audio or audiovisual recordings made by the court. The judge or any court employee who operates the recording equipment (e.g., the court clerk, judicial assistant, law clerk, recorder, bailiff, or any other employee) may make the certification required by “the court” in Rule 80(b). Nevada’s law of evidence governs the admissibility of a transcript of a certified recording.

Nevada Rules of Civil Procedure

Rule 78. Hearing Motions; Submission on Briefs

(a)      Providing a Regular Schedule for Oral Hearings. A court may establish regular times and places for oral hearings on motions.

(b)     Providing for Submission on Briefs. By rule or order, a court may provide for submitting and determining motions on briefs, without oral hearings.

Nevada Rules of Civil Procedure

Rule 77. Conducting Business; Clerk’s Authority

(a)      When Court Is Open. Every district court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.

(b)     Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom, but a private trial may be had as provided by statute. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, or anywhere inside or outside the judicial district. But no hearing—other than one ex parte—may be conducted outside this state unless all the affected parties consent.

(c)       Clerk’s Office Hours; Clerk’s Orders.

(1)     Hours. Every clerk’s office and branch office must be open— with a clerk or deputy on duty—during business hours every day except Saturdays, Sundays, and legal holidays.

(2)     Orders. Subject to the court’s power to suspend, alter, or rescind the clerk’s action for good cause, the clerk may:

(A)      issue process;

(B)      enter a default;

(C)      enter a default judgment under Rule 55(b)(1); and

(D)      act on any other matter that does not require the court’s action.

(d)      Reserved.

 

Advisory Committee Note—2019 Amendment

The amendments to Rule 77(c)(1) clarify that in jurisdictions with more than one clerk’s office, the main office and all branch offices must remain open during business hours.

Nevada Rules of Civil Procedure

Rule 71. Enforcing Relief For or Against a Nonparty

When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

Nevada Rules of Civil Procedure

Rule 70. Enforcing a Judgment for a Specific Act

(a)    Party’s Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done—at the disobedient party’s expense—by another person appointed by the court. When done, the act has the same effect as if done by the party.

(b)     Vesting Title. If the real or personal property is within this state, the court—instead of ordering a conveyance—may enter a judgment divesting any party’s title and vesting it in others. That judgment has the effect of a legally executed conveyance.

(c)     Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the clerk must issue a writ of attachment or sequestration against the disobedient party’s property to compel obedience.

(d)      Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.

(e)      Holding in Contempt. The court may also hold the disobedient party in contempt.

Advisory Committee Note—2019 Amendment

Rule 70 complements Nevada statutes addressing attachment, execution, and contempt contained in NRS Chapters 21, 22, and 31.

Nevada Rules of Civil Procedure

Rule 69. Execution

(a)      In General.

(1)    Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with these rules and state law.

(2)    Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person—including the judgment debtor—as provided in these rules or by state law.

(b)    Service of Written Notice of Entry Required Before Execution. Service of written notice of entry of a judgment must be made in accordance with Rule 58(e) before execution upon the judgment.

Advisory Committee Note—2019 Amendment

Rule 69 modernizes the language of former NRCP 69 and complements NRS Chapter 21.

Nevada Rules of Civil Procedure

Rule 68. Offers of Judgment

(a)    The Offer. At any time more than 21 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with its terms and conditions. Unless otherwise specified, an offer made under this rule is an offer to resolve all claims in the action between the parties to the date of the offer, including costs, expenses, interest, and if attorney fees are permitted by law or contract, attorney fees.

(b)     Apportioned Conditional Offers. An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.

(c)      Joint Unapportioned Offers.

(1)     Multiple Offerors. A joint offer may be made by multiple offerors.

(2)   Offers to Multiple Defendants. An offer made to multiple defendants will invoke the penalties of this rule only if:

(A)    there is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another; and

(B)    the same entity, person, or group is authorized to decide whether to settle the claims against the offerees.

(3)    Offers to Multiple Plaintiffs. An offer made to multiple plaintiffs will invoke the penalties of this rule only if:

(A)   the damages claimed by all the offeree plaintiffs are solely derivative, such as where the damages claimed by some offerees are entirely derivative of an injury to the others or where the damages claimed by all offerees are derivative of an injury to another; and

(B)    the same entity, person, or group is authorized to decide whether to settle the claims of the offerees.

(d)     Acceptance of the Offer and Dismissal or Entry of Judgment.

(1)   Within 14 days after service of the offer, the offeree may accept the offer by serving written notice that the offer is accepted.

(2)   Within 21 days after service of written notice that the offer is accepted, the obligated party may pay the amount of the offer and obtain dismissal of the claims, rather than entry of a judgment.

(3)    If the claims are not dismissed, at any time after 21 days after service of written notice that the offer is accepted, either party may file the offer and notice of acceptance together with proof of service. The clerk must then enter judgment accordingly. The court must allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered under this section must be expressly designated a compromise settlement.

(e)    Failure to Accept Offer. If the offer is not accepted within 14 days after service, it will be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs, expenses, and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action will proceed as to all. Any offeree who fails to accept the offer may be subject to the penalties of this rule.

(f)    Penalties for Rejection of Offer.

(1)  In General. If the offeree rejects an offer and fails to obtain a more favorable judgment:

(A)  the offeree cannot recover any costs, expenses, or attorney fees and may not recover interest for the period after the service of the offer and before the judgment; and

(B)   the offeree must pay the offeror’s post-offer costs and expenses, including a reasonable sum to cover any expenses incurred by the offeror for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case, applicable interest on the judgment from the time of the offer to the time of entry of the judgment and reasonable attorney fees, if any be allowed, actually incurred by the offeror from the time of the offer. If the offeror’s attorney is collecting a contingent fee, the amount of any attorney fees awarded to the party for whom the offer is made must be deducted from that contingent fee.

(2)   Multiple Offers. The penalties in this rule run from the date of service of the earliest rejected offer for which the offeree failed to obtain a more favorable judgment.

(g)   How Costs, Expenses, Interest, and Attorney Fees Are Considered. To invoke the penalties of this rule, the court must determine if the offeree failed to obtain a more favorable judgment. If the offer provided that costs, expenses, interest, and if attorney fees are permitted by law or contract, attorney fees, would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs, expenses, interest, and if attorney fees are permitted by law or contract, attorney fees. If a party made an offer in a set amount that precluded a separate award of costs, expenses, interest, and if attorney fees are permitted by law or contract, attorney fees, the court must compare the amount of the offer, together with the offeree’s pre-offer taxable costs, expenses, interest, and if attorney fees are permitted by law or contract, attorney fees, with the principal amount of the judgment.

(h)   Offers After Determination of Liability. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which has the same effect as an offer made before trial if it is served within a reasonable time not less than 14 days before the commencement of hearings to determine the amount or extent of liability.

Advisory Committee Note—2019 Amendment

The amendments retain much of former NRCP 68. But as amended Rule 68(f)(2) now provides that, when multiple offers are given, the penalties in Rule 68(f)(1) run from the offer earliest in time that is more favorable than the judgment. The existence of any subsequent offer, whether more or less favorable, does not change the penalty for rejecting the relevant offer. This amendment changes the approach to multiple settlement offers that is prescribed by Albios v. Horizon Communities, Inc., 122 Nev. 409, 132 P.3d 1022 (2006). Experience under Albios suggests that parties are reluctant to make subsequent settlement offers when the penalty for rejecting a favorable offer applies only to the last offer of judgment. The revisions should encourage settlement.

Nevada Rules of Civil Procedure

Rule 67. Deposit in Court

(a)      Depositing Property.

(1)      In an action in which any part of the relief sought is a money judgment, the disposition of a sum of money, or the disposition of any other deliverable thing, a party, upon notice to every other party and by leave of court, may deposit with the court all or any part of the money or thing.

(2)     When a party admits having possession or control of any money or other deliverable thing, which, being the subject of litigation, is held by the party as trustee for another party, or which belongs or is due to another party, on motion, the court may order all or any part of the money or thing to be deposited with the court.

(b)      Custodian; Investment of Funds.

(1)     Unless ordered otherwise, the deposited money or thing must be held by the clerk of the court.

(2)      The court may order that:

(A) money deposited with the court be deposited in an interest-bearing account or invested in a court-approved, interest-bearing instrument, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court; or

(B) money or a thing held in trust for a party be delivered to that party, upon such conditions as may be just, subject to the further direction of the court.

Nevada Rules of Civil Procedure

Rule 66. Receivers

These rules govern an action in which the appointment of a receiver is sought or a receiver sues or is sued. An action in which a receiver has been appointed may be dismissed only by court order.

Nevada Rules of Civil Procedure

Rule 65.1. Proceedings Against a Security Provider

Whenever these rules require or allow a party to give security, and security is given with one or more security providers, each provider submits to the court’s jurisdiction and irrevocably appoints the court clerk as its agent for receiving service of any papers that affect its liability on the security. The security provider’s liability may be enforced on motion without an independent action. The motion and any notice that the court orders may be served on the court clerk, who must promptly send a copy of each to every security provider whose address is known.

Nevada Rules of Civil Procedure

Rule 65. Injunctions and Restraining Orders

(a)      Preliminary Injunction.

(1)   Notice. The court may issue a preliminary injunction only on notice to the adverse party.

(2)    Consolidating the Hearing With the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party’s right to a jury trial.

(b)    Temporary Restraining Order.

(1)   Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:

(A)   specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and

(B)    the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.

(2)   Contents; Expiration. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerk’s office and entered in the record. The order expires at the time after entry—not to exceed 14 days—that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.

(3)     Expediting the Preliminary-Injunction Hearing. If the order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time, taking precedence over all other matters except hearings on older matters of the same character. At the hearing, the party who obtained the order must proceed with the motion; if the party does not, the court must dissolve the order.

(4)    Motion to Dissolve. On 2 days’ notice to the party who obtained the order without notice—or on shorter notice set by the court—the adverse party may appear and move to dissolve or modify the order. The court must then hear and decide the motion as promptly as justice requires.

(c)    Security. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The State, its officers, and its agencies are not required to give security.

(d)     Contents and Scope of Every Injunction and Restraining Order.

(1)    Contents. Every order granting an injunction and every restraining order must:

(A)     state the reasons why it issued;

(B)     state its terms specifically; and

(C)     describe in reasonable detail—and not by referring to the complaint or other document—the act or acts restrained or required.

(2)    Persons Bound. The order binds only the following who receive actual notice of it by personal service or otherwise:

(A) the parties;

(B)     the parties’ officers, agents, servants, employees, and attorneys; and

(C)     other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).

(e)      Applicability.

(1)     When Inapplicable. This rule is not applicable to actions for divorce, alimony, separate maintenance, or custody of children. In such actions, the court may make prohibitive or mandatory orders, with or without notice or bond, as may be just.

(2)     Other Laws Not Modified. These rules supplement and do not modify statutory injunction provisions.

Advisory Committee Note—2019 Amendment

Rules 65(a)-(d) are conformed to FRCP 65, with edits adapting the rule for use in Nevada. Rule 65(e) is Nevada-specific. Rule 65(e)(1) retains the language of the former NRCP 65(f), pertaining to family law actions. Rule 65(e)(2) confirms that this rule supplements and does not supplant the statutory injunction provisions in NRS Chapter 33 and elsewhere in the NRS.

Nevada Rules of Civil Procedure

Rule 64. Seizing a Person or Property

(a)     Remedies—In General. At the commencement of and throughout an action, every remedy is available that, under state law, provides for seizing a person or property to secure satisfaction of the potential judgment.

(b)     Specific Kinds of Remedies. The remedies available under this rule include the following:

(1)      arrest;

(2)      attachment;

(3)      garnishment;

(4)      replevin;

(5)      sequestration; and

(6)      other corresponding or equivalent remedies.

Nevada Rules of Civil Procedure

Rule 63. Judge’s Inability to Proceed

If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party’s request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial.

Nevada Rules of Civil Procedure

Rule 62. Stay of Proceedings to Enforce a Judgment

(a)     Automatic Stay; Exceptions for Injunctions and Receiverships.

(1)    In General. Except as stated in this rule, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 30 days have passed after service of written notice of its entry, unless the court orders otherwise.

(2)     Exceptions for Injunctions and Receiverships. An interlocutory or final judgment in an action for an injunction or a receivership is not automatically stayed, unless the court orders otherwise.

(b)     Stay Pending the Disposition of Certain Postjudgment Motions. On appropriate terms for the opposing party’s security, the court may stay execution on a judgment—or any proceedings to enforce it—pending disposition of any of the following motions:

(1)      under Rule 50, for judgment as a matter of law;

(2)      under Rule 52(b), to amend the findings or for additional findings;

(3)     under Rule 59, for a new trial or to alter or amend a judgment; or

(4)    under Rule 60, for relief from a judgment or order.

(c)   Injunction Pending an Appeal. While an appeal is pending from an interlocutory order or final judgment that grants or refuses to grant, or dissolves or refuses to dissolve, an injunction, the court may stay, suspend, modify, restore, or grant an injunction on terms for bond or other terms that secure the opposing party’s rights.

(d)     Stay Pending an Appeal.

(1)   By Supersedeas Bond. If an appeal is taken, the appellant may obtain a stay by supersedeas bond, except in an action described in Rule 62(a)(2). The bond may be given upon or after filing the notice of appeal or after obtaining the order allowing the appeal. The stay is effective when the supersedeas bond is filed.

(2)   By Other Bond or Security. If an appeal is taken, a party is entitled to a stay by providing a bond or other security. Unless the court orders otherwise, the stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.

(e)    Stay Without Bond on Appeal by the State of Nevada, Its Political Subdivisions, or Their Agencies or Officers. When an appeal is taken by the State or by any county, city, town, or other political subdivision of the State, or an officer or agency thereof, and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security is required from the appellant.

(f)      Reserved.

(g)    Appellate Court’s Power Not Limited. This rule does not limit the power of an appellate court or one of its judges or justices:

(1)    to stay proceedings—or suspend, modify, restore, or grant an injunction—while an appeal is pending; or

(2)    to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.

(h) Stay With Multiple Claims or Parties. A court may stay the enforcement of a final judgment entered under Rule 54(b) until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.

Advisory Committee Note—2019 Amendment

Subsection (a). Rule 62(a) retains the automatic stay provisions and exceptions in former NRCP 62(a) but updates the language and, tracking the 2018 amendments to FRCP 62(a), extends the automatic stay provided by Rule 62(a)(1) from 10 to 30 days.

Subsection (b). Rule 62(b) retains the language concerning postjudgment motions from the pre-April 2018 federal rule.

Subsection (d). Rule 62(d) adopts provisions from both former NRCP 62(d), which is consistent with the pre-2018 FRCP 62(d), and the 2018 amendments to FRCP 62(b). Rule 62(d)(1) provides for a stay effective on filing of a supersedeas bond. Rule 62(d)(2) is patterned after the 2018 amendments to FRCP 62(b) and provides that, as an alternative to a supersedeas bond, a stay pending appeal may be obtained through a court- approved bond or other security, or a combination of both; a stay under Rule 62(d)(2) takes effect when the court approves the security.

Nevada Rules of Civil Procedure

Rule 61. Harmless Error

Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights.

Nevada Rules of Civil Procedure

Rule 60. Relief From a Judgment or Order

(a)     Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b)     Grounds for Relief From a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1)     mistake, inadvertence, surprise, or excusable neglect;

(2)    newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3)    fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4)     the judgment is void;

(5)    the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6)     any other reason that justifies relief.

(c)      Timing and Effect of the Motion.

(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than 6 months after the date of the proceeding or the date of service of written notice of entry of the judgment or order, whichever date is later. The time for filing the motion cannot be extended under Rule 6(b).

(2) Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d)   Other Powers to Grant Relief. This rule does not limit a court’s power to:

(1)   entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2)   upon motion filed within 6 months after written notice of entry of a default judgment is served, set aside the default judgment against a defendant who was not personally served with a summons and complaint and who has not appeared in the action, admitted service, signed a waiver of service, or otherwise waived service; or

(3)     set aside a judgment for fraud upon the court.

(e)    Bills and Writs Abolished. The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 60 to FRCP 60, including incorporating FRCP 60(b)(6) as Rule 60(b)(6). The Rule 60(c) time limit for filing a Rule 60(b)(l)-(3) motion, however, remains at 6 months consistent with the former Nevada rule. Rule 60(d)(2) preserves the first sentence of former NRCP 60(c) respecting default judgments. The amendments eliminate the remaining portion of former NRCP 60(c) and former NRCP 60(d) as superfluous.

Nevada Rules of Civil Procedure

Rule 59. New trials; Amendment of Judgments

(a)       In General.

(1) Grounds for New Trial. The court may, on motion, grant a new trial on all or some of the issues—and to any party—for any of the following causes or grounds materially affecting the substantial rights of the moving party:

(A)     irregularity in the proceedings of the court, jury, master, or adverse party or in any order of the court or master, or any abuse of discretion by which either party was prevented from having a fair trial;

(B)      misconduct of the jury or prevailing party;

(C)     accident or surprise that ordinary prudence could not have guarded against;

(D)     newly discovered evidence material for the party making the motion that the party could not, with reasonable diligence, have discovered and produced at the trial;

(E)      manifest disregard by the jury of the instructions of the court;

(F)     excessive damages appearing to have been given under the influence of passion or prejudice; or

(G)     error in law occurring at the trial and objected to by the party making the motion.

(2) Further Action After a Nonjury Trial. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

(b) Time to File a Motion for a New Trial. A motion for a new trial must be filed no later than 28 days after service of written notice of entry of judgment.

(c)  Time to Serve Affidavits. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.

(d)   New Trial on the Court’s Initiative or for Reasons Not in the Motion. No later than 28 days after service of written notice of entry of judgment, the court, on its own, may issue an order to show cause why a new trial should not be granted for any reason that would justify granting one on a party’s motion. After giving the parties notice and the opportunity to be heard, the court may grant a party’s timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.

(e)   Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after service of written notice of entry of judgment.

(f)   No Extensions of Time. The 28-day time periods specified in this rule cannot be extended under Rule 6(b).

Advisory Committee Note—2019 Amendment

Subsection (a). Rule 59(a) is restyled but retains the Nevada-specific provisions respecting bases for granting a new trial.

Subsections (b), (d), and (e). The amendments adopt the federal 28- day deadlines in Rules 59(b) and (e) and incorporate the provisions respecting court-initiated new trials from FRCP 59(d) into NRCP 59(d).

 

Nevada Rules of Civil Procedure

Rule 58. Entering Judgment

(a)      Reserved.

(b)     Entering Judgment.

(1)     Subject to Rule 54(b) and except as provided in Rule 55(b)(1), all judgments must be approved and signed by the court and filed with the clerk.

(2)   The court should designate a party to serve written notice of entry of judgment on the other parties under Rule 58(e).

(c)   When Judgment Entered. The filing with the clerk of a judgment signed by the court, or by the clerk when authorized by these rules, constitutes the entry of the judgment, and no judgment is effective for any purpose until it is entered. The entry of the judgment may not be delayed for the taxing of costs.

(d)    Judgment Roll. The judgment, as signed and filed, constitutes the judgment roll.

(e)     Notice of Entry of Judgment.

(1)   Within 14 days after entry of a judgment or an order, a party designated by the court under Rule 58(b)(2) must serve written notice of such entry, together with a copy of the judgment or order, upon each party who is not in default for failure to appear and must file the notice of entry with the clerk of the court. Any other party, or the court in family law cases, may also serve and file a written notice of such entry. Service must be made as provided in Rule 5(b).

(2)   Failure to serve written notice of entry does not affect the validity of the judgment, but the judgment may not be executed upon until notice of its entry is served.

Advisory Committee Note—2019 Amendment

Rule 58 restyles but does not change the substance of former NRCP 58. It retains the Nevada-specific provision requiring service of written notice of entry of judgment and does not incorporate the separate-document requirement stated in FRCP 58(a).

 

Nevada Rules of Civil Procedure

Rule 57. Declaratory Judgment

These rules govern the procedure for obtaining a declaratory judgment under NRS Chapter 30 or other state law. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.

Nevada Rules of Civil Procedure

Rule 56. Summary Judgment

(a)     Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

(b)    Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

(c)     Procedures.

(1)    Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:

(A)    citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(B)    showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

(2)    Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

(3)    Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

(4)    Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

(d)     When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1)     defer considering the motion or deny it;

(2)    allow time to obtain affidavits or declarations or to take discovery; or

(3)     issue any other appropriate order.

(e)     Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may:

(1)     give an opportunity to properly support or address the fact;

(2)     consider the fact undisputed for purposes of the motion;

(3)     grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or

(4)     issue any other appropriate order.

(f)      Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:

(1)     grant summary judgment for a nonmovant;

(2)     grant the motion on grounds not raised by a party; or

(3)    consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.

(g)    Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case.

(h)     Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond— may order the submitting party to pay the other party the reasonable expenses, including attorney fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions.

 

Advisory Committee Note—2019 Amendment

Subsection (a). Rule 56(a) retains the word “shall” consistent with the advisory committee notes to the 2010 amendments to FRCP 56 to preserve Wood v. Safeway, Inc., 121 Nev. 724, 121 P.3d 1026 (2005), and its progeny.

Subsection (d). Rule 56(d) modernizes the text of former NRCP 56(f) consistent with FRCP 56(d). The changes are stylistic and do not affect Choy v. Ameristar Casinos, Inc., 127 Nev. 870, 265 P.3d 698 (2011), which requires an affidavit to justify a request for a continuance of the summary judgment proceeding to conduct further discovery.

Subsection (e). The judicial discretion afforded under new Rule 56(e) ensures fairness in the individual case; it should not excuse inadequate motion practice.

Nevada Rules of Civil Procedure

Rule 55. Default; Default Judgment

(a)    Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.

(b)     Entering a Default Judgment.

(1)   By the Clerk. If the plaintiffs claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiffs request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incapacitated person.

(2)   By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incapacitated person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

(A)    conduct an accounting;

(B)    determine the amount of damages;

(C)    establish the truth of any allegation by evidence; or

(D)     investigate any other matter.

(c)   Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

(d)   Default Judgment Damages. In all cases, a judgment by default is subject to the limitations of Rule 54(c).

(e)    Default Judgment Against the State. A default judgment may be entered against the State, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

Advisory Committee Note—2019 Amendment

Rule 55 is conformed to the federal rule, but Rule 55(d) retains the cross-reference to Rule 54(c) in former state and federal versions of Rule 55.

Nevada Rules of Civil Procedure

Rule 54. Judgments; Attorney Fees

(a)    Definition; Form. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master’s report, or a record of prior proceedings.

(b)    Judgment on Multiple Claims or Involving Multiple Parties. When an action presents more than one claim for relief—whether as a claim, counterclaim, crossclaim, or third-party claim—or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.

(c)    Demand for Judgment; Relief to Be Granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings, except that if the prayer is for unspecified damages under Rule 8(a)(4), the court must determine the amount of the judgment. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded such relief in its pleadings.

(d)     Attorney Fees.

(1)     Reserved.

(2)     Attorney Fees.

(A)   Claim to Be by Motion. A claim for attorney fees must be made by motion. The court may decide a postjudgment motion for attorney fees despite the existence of a pending appeal from the underlying final judgment.

(B)   Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must:

(i)    be filed no later than 21 days after written notice of entry of judgment is served;

(ii)   specify the judgment and the statute, rule, or other grounds entitling the movant to the award;

(iii)       state the amount sought or provide a fair estimate of it;

(iv)    disclose, if the court so orders, the nonprivileged financial terms of any agreement about fees for the services for which the claim is made; and

(v)       be supported by:

(a)    counsel’s affidavit swearing that the fees were actually and necessarily incurred and were reasonable;

(b)     documentation concerning the amount of fees claimed; and

(c)    points and authorities addressing the appropriate factors to be considered by the court in deciding the motion.

(C)    Extensions of Time. The court may not extend the time for filing the motion after the time has expired.

(D)    Exceptions. Rules 54(d)(2)(A) and (B) do not apply to claims for attorney fees as sanctions or when the applicable substantive law requires attorney fees to be proved at trial as an element of damages.

Advisory Committee Note—2019 Amendment

Subsection (b). From 2004 to 2019, NRCP 54(b) departed from FRCP 54(b), only permitting certification of a judgment to allow an interlocutory appeal if it eliminated one or more parties, not one or more claims. The 2019 amendments add the reference to claims back into the rule, restoring the district court’s authority to direct entry of final judgment when one or more, but fewer than all, claims are resolved. The court has discretion in deciding whether to grant Rule 54(b) certification; given the strong policy against piecemeal review, an order granting Rule 54(b) certification should detail the facts and reasoning that make interlocutory review appropriate. An appellate court may review whether a judgment was properly certified under this rule.

Subsection (d). Rule 54(d)(2)(B)(iv) is new. While drawn from the federal rule, it limits the required disclosure about the agreement for services to nonprivileged financial terms.

Nevada Rules of Civil Procedure

Rule 53. Masters

(a)      In General.

(1)    Nomenclature. As used in these rules, the word “master” includes a master, referee, auditor, examiner, and assessor.

(2)    Scope. Unless a statute provides otherwise, a court may appoint a master only to:

(A)     perform duties consented to by the parties;

(B)    address pretrial or posttrial matters that cannot be effectively and timely addressed by an available judge; or

(C)     in actions or on issues to be decided without a jury, hold trial proceedings and recommend findings of fact, conclusions of law, and a judgment, if appointment is warranted by:

(i)     some exceptional condition; or

(ii)    the need to perform an accounting or resolve a difficult computation of damages.

(3)    Possible Expense or Delay. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.

(b)      Appointing a Master.

(1) Stipulation. By stipulation approved by the court, the parties may agree to have a master appointed. The stipulation may specify how the master’s findings of fact will be reviewed or whether the findings will be final and not reviewable.

(2)     Motion. Any party may move to have a master appointed, or the court may issue an order to show cause.

(3)     Objections. Any party may object to a master’s appointment on one or more of the following grounds:

(A)    a want of any of the qualifications prescribed by statute to render a person competent as a juror;

(B)      consanguinity or affinity within the third degree to any party;

(C)     standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent to any party, or being a member of the family of any party, or a partner in business with any party, or being security on any bond or obligation for any party;

(D)     having served as a juror or been a witness on any trial between the same parties for the same cause of action, or being then a witness in the cause;

(E)     interest on the part of such person in the event of the action or in the main question involved in the action;

(F)      having formed or expressed an unqualified opinion or belief as to the merits of the actions; or

(G)     the existence of a state of mind in such person evincing enmity against or bias to any party.

(4)      Disqualification.

(A)    A master must file with the court an affidavit disclosing whether there is any ground for his or her disqualification under Rule 2.11 of the Revised Nevada Code of Judicial Conduct.

(B)     If a ground is disclosed, the master must be disqualified unless the parties, with the court’s approval, waive the master’s disqualification.

(c)     Order Appointing a Master.

(1)      Mandatory Provisions. The appointing order must state:

(A)    the master’s duties, including any investigation or enforcement duties, and any limits on the master’s authority under Rule 53(d);

(B)     the circumstances, if any, in which the master may communicate ex parte with the court or a party;

(C)     the nature of the materials to be preserved and filed as the record of the master’s activities;

(D)     the time limits, method of filing the record, other procedures, and any criteria for the master’s findings and recommendations; and

(E)      the basis, terms, and procedure for fixing the master’s compensation under Rule 53(g).

(2)      Optional Provisions. The appointing order may:

(A)    direct the master to report only upon particular issues or to perform particular acts;

(B)      direct the master to receive and report evidence only;

(C)      specify the time and place for beginning and closing the hearings; and

(D)     specify the time in which the master must file his or her report and recommendations.

(3)    Service on the Master. Unless otherwise ordered by the court, the moving party must serve the appointment order on the master.

(4)     Amending. The order may be amended at any time after notice to the parties and an opportunity to be heard.

(d)      Master’s Authority.

(1)      In General.

(A) Unless the appointing order directs otherwise, a master may:

(i)      regulate all proceedings;

(ii)     take all appropriate measures to perform the assigned duties fairly and efficiently; and

(iii)     exercise the appointing court’s power to compel, take, and record evidence, including the issuance of subpoenas as provided in Rule 45.

(B) When a party requests, a master must make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Rule 43(c) and statutes for a court sitting without a jury.

(2)      Diligence.

(A)      The master must proceed with all reasonable diligence.

(B)     The master must set a time and place for the first meeting of the parties or their attorneys to be held within 21 days after the date of the order appointing the master and must notify the parties or their attorneys.

(C)     If a party fails to appear at the appointed time and place, the master may proceed ex parte or adjourn the proceedings to a future day, giving notice to the absent party.

(D)     Any party, on notice to the other parties and the master, may apply to the court for an order requiring the master to speed the proceedings and to make a report.

(3)      Statement of Accounts.

(A)      When matters of accounting are before a master, the master may:

(i)      prescribe the form in which the accounts must be submitted; or

(ii)     require or receive in evidence a statement by a certified public accountant who is called as a witness.

(B)     Upon objection to the items submitted or a showing that the form is insufficient, the master may:

(i)      require a different form of statement to be furnished;

(ii)     hold an evidentiary hearing and receive evidence concerning the accounts;

(iii)      require written interrogatories; or

(iv)      receive evidence concerning the accounts in any other manner that the master directs.

(e)      Master’s Report and Recommendations.

(1)      In General. Unless ordered otherwise, a master must:

(A)     prepare a report and recommendations upon the matters submitted to the master in accordance with the appointing order;

(B)     if required to make findings of fact and conclusions of law, set them forth in the report and recommendations;

(C)      promptly file the report and recommendations;

(D)     file with the report and recommendations the original exhibits and a transcript of the proceedings and evidence; and

(E)      serve a copy of the report and recommendations on each party.

(2)     Sanctions. The master’s report and recommendations may recommend sanctions for a party or a nonparty under the applicable rules.

(3)     Draft Report. Before filing a report and recommendations, a master may submit a draft to counsel for all parties to obtain their suggestions.

(f)      Action on the Master’s Order, Report, or Recommendations.

(1)      Time to Object or Move to Adopt or Modify.

(A)    A party may file and serve objections to—or a motion to adopt or modify—the master’s report and recommendations no later than 14 days after the report is served.

(B)     If objections are filed, any other party may file and serve a response within 7 days after being served with the objections.

(C)     If no party files objections or a motion, the court may adopt the master’s report and recommendations without a hearing.

(D)      The court may set different times to move, object, or respond.

(2)      Court Review.

(A)    Unless the parties have otherwise stipulated under Rule 53(b)(1), upon receipt of a master’s report and any motions, objections, and replies, the court may:

(i) adopt, reverse, or modify the master’s ruling without a hearing;

(ii) set the matter for a hearing; or

(iii)    remand the matter to the master for reconsideration or further action.

(B)    If the parties have stipulated how a master’s findings of fact should be reviewed or that the findings should be final, the court must apply the parties’ stipulation to the findings of fact.

(g)     Compensation.

(1)    Basis and Terms of Compensation. The basis and terms of a master’s compensation must be fixed by the court in the appointing order and must be paid either:

(A)     by a party or parties; or

(B)     from a fund or subject matter of the action within the court’s control.

(2)    Allocating Costs. The court must allocate payment among the parties after considering the nature and amount of the controversy, the parties’ means, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.

(3)    Amending Compensation. The court may change the basis and terms of the master’s compensation upon motion or by issuing an order to show cause.

(4)     Enforcing Payment. The master may not retain the master’s report as security for the master’s compensation. If a party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party.

(h)      Standing Masters.

(1)    By local rule authorized by the Nevada Supreme Court or as authorized by the Nevada Revised Statutes, a judicial district may appoint a master to whom multiple matters may be referred.

(2)    Unless otherwise specified by rule or statute, the master has the powers of a master under Rule 53(d). The master must issue a report and recommendations under Rule 53(e) that may be reviewed under Rule 53(f).

(3)    The master’s compensation must be fixed by the judicial district and paid out of appropriations made for the expenses of the judicial district.

Advisory Committee Note—2019 Amendment

The amendments retain much of the former NRCP 53 and incorporate provisions from FRCP 53. Rule 53(h) clarifies the procedure for establishing standing masters.

Nevada Rules of Civil Procedure

Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings

(a)     Findings and Conclusions.

(1)   In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under Rule 58.

(2)   For an Interlocutory Injunction. In granting or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.

(3)   For a Motion. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion. The court should, however, state on the record the reasons for granting or denying a motion.

(4)   Effect of a Master’s Findings. A master’s findings, to the extent adopted by the court, must be considered the court’s findings.

(5)   Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.

(6)    Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.

(b)    Amended or Additional Findings. On a party’s motion filed no later than 28 days after service of written notice of entry of judgment, the court may amend its findings—or make additional findings—and may amend the judgment accordingly. The time for filing the motion cannot be extended under Rule 6(b). The motion may accompany a motion for a new trial under Rule 59.

(c)    Judgment on Partial Findings. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by Rule 52(a).

Nevada Rules of Civil Procedure

Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error

(a)      Requests.

(1)    Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.

(2)    After the Close of the Evidence. After the close of the evidence, a party may:

(A)    file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and

(B)    with the court’s permission, file untimely requests for instructions on any issue.

(3)    Format; Citation. The written requests must be in the format directed by the court. If a party relies on any statute, rule, caselaw, or other legal authority to support a requested instruction, the party must cite or provide a copy of the authority.

(b)     Settling Instructions.

(1)    The court must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury.

(2)    The court must give the parties an opportunity to object on the record and out of the jury’s hearing before the instructions and arguments are delivered.

(3)    The court and the parties must make a record of the instructions that were proposed, that the court rejected or modified, and that the court gave to the jury. If the court modifies an instruction, the court must clearly indicate how the instruction was modified.

(c)      Objections.

(1)     How to Make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection. If a party relies on any statute, rule, caselaw, or other legal authority to object to a requested instruction, the party must cite or provide a copy of the authority.

(2)      When to Make. An objection is timely if:

(A)      a party objects at the opportunity provided under Rule 51(b)(2); or

(B)     a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.

(d)      Giving Instructions.

(1)      The court must instruct the jury before the parties’ closing arguments.

(2)     The court may also give the jury further instructions that may become necessary by reason of the parties’ closing arguments.

(3)     The final instructions given to the jury must be bound together in the order given and the court must sign the last instruction. The court must provide the original instructions or a copy of them to the jury.

(4)     After the jury has reached a verdict and been discharged, the originals and copies of all given instructions must be made part of the trial court record.

(e)       Assigning Error; Plain Error.

(1)     Assigning Error. A party may assign as error:

(A)   an error in an instruction actually given, if that party properly objected; or

(B)   a failure to give an instruction, if that party properly requested it and—unless the court rejected the request in a definitive ruling on the record—also properly objected.

(2)   Plain Error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 51(e)(1) if the error affects substantial rights.

(f)    Scope.

(1)   Preliminary Instructions. Nothing in this rule prevents a party from requesting, or the court from giving, preliminary instructions to the jury. A request for preliminary instructions must be made at any reasonable time that the court orders. If preliminary instructions are requested or given, the court and the parties must comply with Rules 51(a)(3), 51(b), and 51(d)(4), as applicable.

(2)    Other Instructions. This rule governs instructions to the jury on the law that governs the verdict. Other instructions, including instructions to a venire and cautionary or limiting instructions delivered in immediate response to events at trial, are outside the scope of this rule.

Advisory Committee Note—2019 Amendment

The amendments reorganize Rule 51, preserving portions of former NRCP 51 and incorporating provisions from FRCP 51. NRS Chapter 16 also addresses jury instructions.

Subsection (b). Rule 51(b)(3) restates former NRCP 51(b)(2) as to modifying or refusing to give proposed instructions. Specific words and actions are not necessary, but the court and the parties should make a record of all instructions that the court or the parties propose, that the court modifies or rejects, and that the jury is given. The parties must be permitted to make a record of any objections to, or arguments concerning, the jury instructions.

Subsection (c). Rule 51(c) conforms to the federal rule, except the second sentence in Rule 51(c)(1) is retained from former NRCP 51(a)(1).

Subsection (d). Rule 51(d)(1) retains the requirement from former NRCP 51(b)(3) that the court must give jury instructions before closing arguments. At least one copy of the jury instructions must be given to the jury.

Subsection (e). Rule 51(e) conforms to FRCP 51(d).

Subsection (f). Rule 51(f)(1) is new and authorizes giving preliminary jury instructions. It contemplates that the court will give preliminary instructions before opening statements but affords the court the flexibility to do so later if appropriate. Rule 51(f)(2) corresponds to former NRCP 51(e). The provision mirrors language in the advisory committee notes to the 2003 amendments to the federal rule.

Nevada Rules of Civil Procedure

Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

(a) Judgment as a Matter of Law.

(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.

(2) Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

(b)  Renewing the Motion After Trial; Alternative Motion for a New Trial. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. No later than 28 days after service of written notice of entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. The time for filing the motion cannot be extended under Rule 6(b). In ruling on the renewed motion, the court may:

(1)    allow judgment on the verdict, if the jury returned a verdict;

(2)    order a new trial; or

(3)    direct the entry of judgment as a matter of law.

(c)  Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial.

(1) In General. If the court grants a renewed motion for judgment as a matter of law, it must also conditionally rule on any motion for a new trial by determining whether a new trial should be granted if the judgment is later vacated or reversed. The court must state the grounds for

conditionally granting or denying the motion for a new trial.

(2) Effect of a Conditional Ruling. Conditionally granting the motion for a new trial does not affect the judgment’s finality; if the judgment is reversed, the new trial must proceed unless the appellate court orders otherwise. If the motion for a new trial is conditionally denied, the appellee may assert error in that denial; if the judgment is reversed, the case must proceed as the appellate court orders.

(d)    Time for a Losing Party’s New-Trial Motion. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered must be filed no later than 28 days after service of written notice of entry of judgment. The time for filing the motion cannot be extended under Rule 6(b).

(e)    Denying the Motion for Judgment as a Matter of Law; Reversal on Appeal. If the court denies the motion for judgment as a matter of law, the prevailing party may, as appellee, assert grounds entitling it to a new trial should the appellate court conclude that the trial court erred in denying the motion. If the appellate court reverses the judgment, it may order a new trial, direct the trial court to determine whether a new trial should be granted, or direct the entry of judgment.

Advisory Committee Note—2019 Amendment

Consistent with FRCP 50, Rule 50 extends the time periods in former Rule 50(b) and (d) to 28 days. Rule 50(a)(2) permits a motion for judgment as a matter of law at any time before the case is submitted to the jury, instead of at the close of the opposing party’s evidence or at the close of the case.

Nevada Rules of Civil Procedure

Rule 49. Special Verdict; General Verdict and Questions

(a)     Special Verdict.

(1)    In General. The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. The court may do so by:

(A)    submitting written questions susceptible of a categorical or other brief answer;

(B)    submitting written forms of the special findings that might properly be made under the pleadings and evidence; or

(C)     using any other method that the court considers appropriate.

(2)    Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue.

(3)    Issues Not Submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.

(b)     General Verdict With Answers to Written Questions.

(1) In General. The court may submit to the jury forms for a general verdict, together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing, and must direct the jury to do both.

(2)    Verdict and Answers Consistent. When the general verdict and the answers are consistent, the court must approve, for entry under Rule 58, an appropriate judgment on the verdict and answers.

(3)    Answers Inconsistent With the Verdict. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may:

(A)     approve, for entry under Rule 58, an appropriate judgment according to the answers, notwithstanding the general verdict;

(B)      direct the jury to further consider its answers and verdict; or

(C)      order a new trial.

(4)    Answers Inconsistent With Each Other and the Verdict. When the answers are inconsistent with each other and one or more is also inconsistent with the general verdict, judgment must not be entered; instead, the court may:

(A)     direct the jury to further consider its answers and verdict; or

(B)      order a new trial.

Nevada Rules of Civil Procedure

Rule 48. Number of Jurors

A jury must consist of eight persons, unless the parties stipulate to a different number—but a jury may not consist of fewer than four members.

Advisory Committee Note—2019 Amendment

Rule 48 coordinates with NRS 16.030 and the Nevada Short Trial Rules on the number of jurors. Article 1, Section 3 of the Nevada Constitution and NRS 16.190 address non-unanimous verdicts and polling, making it unnecessary to incorporate FRCP 48(b) and (c).

Nevada Rules of Civil Procedure

Rule 47. Selecting Jurors

(a)   Examination of Jurors. The court must conduct the examination of prospective jurors and must permit such supplemental examination by counsel as it deems proper.

(b)   Challenges to Jurors. The court must allow peremptory challenges and challenges for cause as provided in NRS Chapter 16.

(c)     Alternate Jurors.

(1) In addition to the regular jury, the court may direct that alternate jurors be called and impaneled to sit. Alternate jurors in the order in which they are called must replace jurors who become or are found to be unable or disqualified to perform their duties. Alternate jurors must be drawn in the same manner; have the same qualifications; be subject to the same examination and challenges; take the same oath; and have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror may replace a regular juror during trial or after the jury retires to consider its verdict. If an alternate juror replaces a regular juror after the jury has retired to deliberate, the court must recall the jury, seat the alternate, and resubmit the case to the jury. Alternate jurors must be discharged when the regular jury is discharged.

(2) Each side is entitled to one additional peremptory challenge for every two alternate jurors that are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the regular peremptory challenges allowed by law must not be used against an alternate juror.

Advisory Committee Note—2019 Amendment

The amendments retain the former Nevada rule, adding a cross- reference in Rule 47(b) to NRS Chapter 16, which addresses juror challenges. Rule 47(c) allows alternate jurors to replace regular jurors during jury deliberation, consistent with NRS Chapter 16.

Nevada Rules of Civil Procedure

Rule 46. Objecting to a Ruling or Order

A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.