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Eighth Judicial District Court Rules are amended to comply with 2019 Nevada Rules of Civil Procedure

Chief Judge Linda Marie Bell issued Administrative Order 19-03 on behalf of the Eighth Judicial District Court on March 12, 2019.   It suspends many Eighth Judicial District Court Rules which are in conflict with the amended NRCP.  The purpose of the order is stated:

[f]or the benefit of the bar and to ease confusion until the EJDC amends its local rules to conform to the amended NRCP, NRAP, and NEFCR, the EJDC finds it necessary to suspend or modify certain District Court Rules.  Additionally, to the extent any other rule of the Eighth Judicial District Court conflicts with the revised NRCP, NRAP, and NEFCR, the NRCP, NRAP, and NEFCR control.  

The Order alters the rules as follows until the EDCR can be amended (the stricken language below is suspended by the Order):

Rule 1.14.  Time; judicial days; service by mail.

      (a) In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a non-judicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a non-judicial day, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. The County Clerk shall memorialize and maintain in a written log all such inaccessible days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and non-judicial days must be excluded in the computation.

      (b) If any day on which an act required to be done by any one of these rules falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding judicial day.

      (c) Except as otherwise provided in paragraph (d) of this rule, whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, a motion for a new trial, a motion to vacate judgment pursuant to NRCP 59 or a notice of appeal, and the notice or paper is served upon the party by mail, either U.S. Mail or court authorized electronic mail, or by electronic means, three (3) days must be added to the prescribed period.

Rule 1.90.  Caseflow management.

      (a) Delay reduction standards.

             . . .

             (2) Time limits for discovery commissionerdistrict judge. Except in complex litigation as defined in NRCP 16.1(f), the discovery commissioner shall ensure that pretrial discovery is completed within 18 months from the filing of the joint case conference report. Discovery in complex litigation shall be completed within 24 months from the filing of the joint case conference report.

. . .

      (b) Civil caseflow management.

             . . .

             (3) Scheduling orders. The discovery commissioner shall issue a scheduling order in a civil case no later than 30 days from the filing of the joint case conference report. The scheduling order shall indicate whether the case is likely to take more than 4 weeks to try and at least 5 dates consistent with the settlement program on which the parties are requesting that a settlement conference be scheduled when all counsel plus those persons with settlement authority are available to attend at 10:30 a.m. Tuesday through Friday.

             (4) Trial setting. Upon receipt of a scheduling order from the discovery commissioner, the trial judge shall issue a trial setting order within 60 days, setting the matter for trial no later than 12 months from the date of the discovery cut-off date set forth in the scheduling order.

Rule 2.20.  Motions; contents; responses and replies; calendaring a fully briefed matter.

     . . .

      (b) All motions must contain a notice of motion setting the same for hearing on a day when the district judge to whom the case is assigned is hearing civil motions in the ordinary course. The notice of motion must include the time, department, and location where the hearing will occur.  

“Motions requiring a hearing must include the designation “Hearing Requested” in the caption on the first page of the motion as follows:

Case No.

Dept. No

HEARING REQUESTED”

Rule 2.34.  Discovery disputes; conferences; motions; stays.

     . . .

      (f) Following the hearing of any discovery motion, the commissioner must prepare and file a report with a recommendation for the court’s order. The commissioner may direct counsel to prepare the commissioner’s report, including findings and recommendations in accordance with Rules 7.21 and 7.23. The clerk of the court or the discovery commissioner designee shall forthwith serve a copy of the report on all parties. The report is deemed received 3 days after the clerk of the court or discovery commissioner designee places a copy in the attorney’s folder in the clerk’s office or 3 days after mailing to a party or the party’s attorney. Within 5 days after being served with a copy, any party may serve and file specific written objections to the recommendations with a courtesy copy delivered to the office of the discovery commissioner. Failure to file a timely objection shall result in an automatic affirmance of the recommendation.

    . . .

      (h) If when counsel meet and confer pursuant to NRCP 16.1, they discover that the parties would benefit from participating in a settlement conference, that information along with 5 dates consistent with the settlement program on which it can be held should be included in the case conference report prepared pursuant to NRCP 16.1(c). The discovery commissioner will then pass said information on to the department managing the settlement conference program which department will contact counsel to get the case so scheduled.

Rule 2.35.  Extension of discovery deadlines.

      (a) Stipulations or motions to extend any date set by the discovery scheduling order must be in writing and supported by a showing of good cause for the extension and be received by the discovery commissioner district judge within 20 days before the discovery cut-off date or any extension thereof. A request made beyond the period specified above shall not be granted unless the moving party, attorney or other person demonstrates that the failure to act was the result of excusable neglect.

‘[T]he district judge will handle stipulations and motions to extend discovery deadlines.”  Admin. Order 19-03

Rule 5.602.  Discovery disputes, conferences, motions, stays.

      . . .

      (g) Following the hearing of any discovery motion, the hearing master must prepare and file a report with a recommendation for the court’s order. The hearing master may direct counsel to prepare the hearing master’s report, including findings and recommendations. The clerk of the court or the discovery hearing master designee shall forthwith serve a copy of the report on all parties. The report is deemed received 5 calendar days after the clerk of the court or discovery hearing master designee places a copy in the attorney’s folder in the clerk’s office or 5 calendar days after mailing to a party or the party’s attorney. Within 7 calendar days after being served with a copy, any party may serve and file specific written objections to the recommendations with a courtesy copy delivered to the office of the discovery hearing master. Failure to file a timely objection may result in an automatic affirmance of the recommendation. All time periods set forth in this rule are inclusive of the 3 days provided by EDCR 8.06(a) and NRCP 6(e) (i.e., 2 or 4 days, plus 3 days after service).

The following rules are suspended in their entirety:

Rule 2.55.  Discovery scheduling order.

          PART VIII. ELECTRONIC FILING AND SERVICE

          Rule 8.01.  Definitions of words and terms.

Rule 8.03.  Time of filing.

Rule 8.04.  Services provided by the E-Filing System.

Rule 8.05.  Electronic service of pleadings and other documents.

Rule 8.06.  Service on parties; time to respond or act.

Rule 8.07.  Requirements for signatures on documents.

Rule 8.08.  Official Court record.

Rule 8.09.  Conventional filing of documents.

Rule 8.10.  Technical problems that preclude electronic filing.

Rule 8.11.  Electronic filing providers.

Rule 8.12.  Electronic mail addresses.  Electronic filers must furnish one or more electronic mail addresses that the Court and the Service Provider will use to send notice of receipt and confirmation of filing.

Rule 8.14.  Endorsement.

Rule 8.15.  Voluntary E-Filing.

Rule 8.16.  Court fees.

 

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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