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Archive for: December, 2019

Good news!  The Nevada Supreme Court has finally approved the amendments to the Eighth Judicial District Court Rules (“EDCR”).  The proposed amendments were sent to the Court on July 12, 2019 and approved on November 27, 2019 by the Order.  The Order is effective January 1, 2020.

While all practitioners should carefully read the rules and their amendments, here are some of the highlights from the amendments:

Deadlines regarding motion practice are as follows:

  • 2.20(d) – Joinders must be filed within 7 days after service of a motion
  • 2.20(e) – An Opposition or Notice of Nonopposition must be filed within 14 days after service of the motion or 5 days after service of a joinder
  • 2.20(g) – a Reply may be filed no later than 7 days before the matter is set for hearing, or 7 days after service of an opposition if a hearing has not been requested or set by the court

EDCR 1.90 Caseflow Management

  • 1.90(b)(3) – District Court Judges, not the Discovery Commissioner, issue scheduling orders
  • 1.90(b)(4) – Cases must be set for trial no later than 6 months after the close of discovery

EDCR 2.20 Motions; Contents; responses and replies; calendaring a fully briefed matter

  • 2.20(b)
    • all motions must include the designation “Hearing Requested” or “Hearing Not Requested” in the caption of the first page “directly below the Case Number and Department Number.”
    • Motions filed with the designation “Hearing Not Requested” will be set for a decision on the court’s “Chambers” calendar unless the court orders or an adverse party makes a request for a hearing. And adverse party may make such a request by including the designation “Hearing Requested” in the caption on the first page of the opposition “directly below the Case Number and Department Number.”
    • Motions to be heard by a Discovery Commissioner must include the designation “Discovery Hearing Requested” in the caption of the first page of the motion “directly below the Case Number and Department Number.”

EDCR 2.20(h) – A courtesy copy of the motion, all related briefing, affidavits, and exhibits shall be delivered “to the appropriate department” by “the movant” for any contested matter at least 7 days prior to the date of the hearing

  • If no hearing is set, the materials must be delivered “after the time for filing of the last briefing paper has run.” No other deadline is provided, but the logical conclusion is that the matter will not be decided until the courtesy copy is delivered
  • The rule does not require the parties opposing the matter to provide briefing, leading to a possible interpretation that the movant is responsible to provide the above-required material for all of the parties
  • Further, since a Reply brief may be due 7 days prior to a hearing, the courtesy copy must be delivered on that same date, meaning parties must be careful not to file a reply after hours if they cannot deliver a copy at the same time

EDCR 2.34 Discovery disputes; conferences; motions; stays.

  • 2.34(f)(1) – A party may object to a commissioner’s report and recommendation within 14 days after being served with a report
  • 2.34(f)(1) – Points and authorities are not required for filing an objection to a commissioner’s report and recommendation but may be filed
  • 2.34(f)(1) – If a party files points and authorities, any other party may file and serve responding points and authorities within 7 days after being served with the objections
  • 2.34(f)(2) – Upon receipt of a commissioner’s report, any objections, and any response, the District Court shall: (1) affirm, reverse, or modify the ruling without a hearing; (2) set the matter for a hearing; or (3) remand the matter to the commissioner for reconsideration or further action
  • 2.34(g) – A party submitting matters for in camera review by the commissioner must provide a copy of the same without redactions and a set with proposed redactions

EDCR 7.20(d) – any document filed after the complaint shall refer to the first party on each side and may refer generally to the other parties.

Like:

ABC, LLC, et. al.

Plaintiffs,

v.

FBH, Inc. et. al.

Defendants.

 Case No.:

Dept. No.:

And related matters

 

 

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