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Disclaimer

By using this site, you agree to comply with the Terms of Use and Privacy Policy.  You agree that you do not consider information on this site to be an invitation for any attorney-client relationship. The information provided on this site does not, and is not intended to constitute legal advice.  You understand each legal matter should be considered to be unique and subject to varying results.   You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing.  By using this website, you acknowledge and agree that Jay Young and any firm he is affiliated with expressly disclaim all liability in respect to actions taken or not taken based on any content on this website. You acknowledge that Jay Young maintains an office in Nevada and is only licensed to practice law in the State of Nevada.  No statement contained herein is intended as, and you should not accept them as legal advice to you about any situation. You should not consider your visit to this site, or access to any information generated herefrom, to constitute the formation of an attorney-client relationship with Jay Young or any firm he is affiliated with.

The information on this  Page is attorney advertising and is of a general nature. The information provided herein is for educational purposes only, and does not constitute legal advice. It is sponsored by Jay Young (hereinafter “the Firm”, “we”, “us”, or “our”) solely for the convenience of our clients and the public. The opinions of the authors are not necessarily those of the Firm.

Communications sent to us via this page or via the Internet may not be secure and may be intercepted by other parties. Imparting this information does not constitute a client-attorney relationship nor does the transmission or receipt of any e-mail sent through this blog constitute or create, in any way, a client- attorney relationship or a job application.
Further, unless specifically engaged to perform a service (in writing, in a formal, signed engagement letter between us and our client) it should not be construed that the service will be performed by us. We offer multiple levels of services to our clients. Client engagements will vary with regard to depth and level of each and every service as agreed prior to performing the services. A client should always refer to the signed engagement letter to understand the specific services that we agree to provide and the scope of those services. Certain links on this blog lead to servers maintained by individuals or organizations over which we have no control. We make no representations or warranties regarding the accuracy or any other aspect of the information located on such servers.

Unless otherwise noted, all information on this Page is the property of this Firm. Unauthorized use will be subject to legal action.

IRS Circular 230 Notice
To the extent this  Page or files available within it concern tax matters, the information is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law or in promoting, marketing, or recommending to another party any transaction or matter addressed.

Indemnification
As a visitor to this Page, you agree to indemnify the us, and our partners, officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees that arise from your use or misuse of this site.

Comment Policy
We appreciate the users of and contributors to this Page, and we thank them for adding to its content. We realize that everyone may not agree with a particular post, and we welcome free and spirited debate. We are not responsible for the comments or opinions expressed by any contributor to this Page. We encourage comments including those that challenge us or offer constructive criticism, and we reserve the right to edit or remove any post, for any reason. We will delete any comments with content that:
• is abusive
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Comments, once contributed, may be used by us at any time in any way, with attribution to the contributor.

Nonpublic Personal Information We Collect

We may collect nonpublic personal information about visitors to the site that is either provided to us by you or obtained from standard website traffic statistic gathering software.

Sample Nevada Affirmative Defenses*

* Not all defenses are appropriate for all matters or in all jurisdictions.  You should seek the advice of competent counsel in your jurisdiction before claiming any defense, as you may be responsible for the attorneys fees of your opponent if a claimed defense has no merit.  See Rule 11.

RULE 8 DELINEATED AFFIRMATIVE DEFENSES

NRCP 8(c)(1).     In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; discharge in bankruptcy; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; release; res judicata; statute of frauds; statute of limitations; and waiver.

(more…)

Standard Alternative Dispute Resolution (Arbitration and Mediation) Clauses

I often hear litigators and clients complaining that the process of arbitration is flawed and does not deliver on its aspirations to provide a cheaper, quicker alternative to litigation in court.  My response is that they are not really upset with the process of arbitration or mediation, but with the person who drafted the Alternative Dispute Resolution clause in their contract.  The Arbitrator must administer the arbitration proceed pursuant to how the parties wrote the agreement.  Therefore, as I wrote in this post, if you want a better process, write a better contract.  I have endeavored to provide both my preferred standard ADR clause (with explanations), but also some alternative model arbitration, mediation, and ADR clauses from other trusted sources.  The drafter should determine the process which will best benefit each client and draft the clause accordingly.

The italicized language below explains the rationale behind clauses and why one might choose that clause over another alternative.[1] (more…)

Privacy Policy

www.alegalcheckup.com, nevadalaw.info, and/or yourlegalguides.com (collectively, the “Website”) respects the privacy of every visitor to Your privacy is a priority, and we go to great lengths to protect it.  This Privacy Policy (the “Policy”) explains our online information practices.  The use of this site is governed by the Disclaimer and Terms of Use provided for this site and the policies, terms and conditions set forth below. Please read them carefully. This Policy may be changed or updated from time to time. However, you understand that your use of this site and/or completion of the survey or any portion thereof your acceptance of these policies, terms and conditions.

Data Collection

We collect information from you when you register on our site. When registering on this site, as appropriate, you may be asked to enter, among other things, your: name, e-mail address, mailing address, phone number. You may, however, visit our site anonymously.

How The Website Uses Your Information

If you provide The Website with personal information when you visit our website, we may use the information in our programs and activities.  Your information allows The Website to personalize your experience, provide you with a written report based on your input, improve our website, improve our customer service, and to send periodic newspaper emails.  We may enter your email address into our newsletter database so we can contact you to obtain your input, or provide information about our services, programs and events.

Reviewing and Correcting the Information

Our goal is to maintain only accurate data.  Accordingly, if you find errors in any of your personal information, please notify us in one of the following ways, and we will work diligently to correct it.

  1. You may send an email with your corrections to jay@h2law.com

  2. You may mail your changes to:

Jay Young

Attn: Webmaster

3800 Howard Hughes Parkway, Ste. 1000

Las Vegas, Nevada 89169

United States

  1. You may call us at the following number: 702.667.4828

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, and services are all directed to people who are at least 13 years old or older.

Foreign Transfer of Data

The Website is designed for use by U.S. residents. If you are not a U.S. resident, you can use this site, but you are responsible for making sure that your actions comply with the laws in your area. When you submit information through this website, we understand that your action is an affirmative act, indicating informed consent to the processing as well as informed consent to allow the transborder transfer of the data to the U.S. for the purposes outlined above. If you submit any personal information about yourself or others, including information inferring or demonstrating religious beliefs, affiliations, or practices, you alone are responsible for the consequences of making this transfer of personal information.

Third-Party Links

The Website is not responsible for the privacy practices or content of any third-party sites. For your own protection, you should review the policies of similar sites to ensure they meet your personal expectations of privacy.

Copyright and Trademark Notice

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The trademarks, service marks, and logos used and displayed on this website are registered and unregistered trademarks of The Website and its content providers. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the website, without the written permission of the mark or logo owner. The use of any The Website trademark, service mark or logo as a link to any site is prohibited without The Website prior written approval. The unauthorized use of any trademark, service mark or logo displayed on this site is strictly prohibited

Except as described in this notice or as permitted by the fair use privilege under U.S. copyright law, you may not copy, reproduce, distribute, publish, download, display, post, create derivative works from or transmit the content in any form or by any means (including electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of The Website or the respective copyright owner. Permission is granted to display, copy, distribute and download the content on this site for personal, non-commercial use only, provided you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. You also may not “mirror” any content contained on this site on any other server without express written permission from Jay Young, Business Attorney and Arbitrator. Permission for you to use the content terminates automatically if you breach any of the terms or conditions contained in this notice. Upon termination, you must immediately destroy any downloaded and printed content.

Warranty Disclaimer

The products, content, information and services included in or accessed through our website are provided on an “AS IS” basis without warranty of any kind. The Website does not represent that the information accessible on or through its website is accurate, complete or current. THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, CONTENT, INFORMATION OR SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

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The Website do not warrant that: (1) access to its website will be uninterrupted, error free or secure; (2) any materials accessible on or through its website will be free from viruses, worms or other harmful components; or (3) you will be able to connect, communicate or pass information to the website or any other site on the Internet at any particular speed or throughput. You agree that The Website is not liable for any damages to you which may result from a loss or degradation of access to the website or any loss of materials or data that you have stored on the website. The Website recommends that customers regularly backup or download important information you stored on the website.

Additional Legal Terms

The Website reserves the right to modify the terms, conditions and policies related to its website at any time without prior notice by posting the change on The Website. All changes will become effective immediately upon posting. The Website reserves the right to modify, add, or remove any service, feature, product or information from the website at any time without prior notice.

The terms, conditions and policies contained in the Disclaimer, Terms of Use, and this Privacy Policy and elsewhere on The Website contain the full and complete understanding of the parties with respect to your use of The Website. The Website will not be bound by any statements made by agents or employees of The Website which conflict with these terms, conditions and/or policies.

All terms, conditions and policies and any dispute arising from or relating to them will be governed and interpreted in accordance with the laws of the State of Nevada.  Venue for any legal action concerning the terms, conditions and policies shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by accessing and using The Website you expressly consent to jurisdiction and venue in such court.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

  1. You may send an email with your corrections to jay@h2law.com

  2. You may mail your changes to:

Jay Young

Attn: Webmaster

3800 Howard Hughes Parkway, Ste. 1000

Las Vegas, Nevada 89169

United States

  1. You may call us at the following number: 702.667.4828

Effective date: December 1, 2014.

Nevada Rules of Civil Procedure

Rule 16.1. Mandatory Pretrial Discovery Requirements

(a)     Required Disclosures.

(1)     Initial Disclosure.

(A)  In General. Except as exempted by Rule 16.1(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:

(i)   the name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information;

(ii)   a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, including for impeachment or rebuttal, and, unless privileged or protected from disclosure, any record, report, or witness statement, in any form, concerning the incident that gives rise to the lawsuit;

(iii)    when personal injury is in issue, the identity of each relevant medical provider so that the opposing party may prepare an appropriate medical authorization for signature to obtain medical records from each provider;

(iv)     a computation of each category of damages claimed by the disclosing party—who must make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and

(v)       for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment and any disclaimer or limitation of coverage or reservation of rights under any such insurance agreement.

(B)    Proceedings Exempt From Initial Disclosure. The following proceedings are exempt from initial disclosure:

(i)    an action within the original, exclusive jurisdiction of the family court, irrespective of whether the district court actually has a separate family court or division;

(ii)      an action filed under NRS Title 12 or 13;

(iii)      an appeal from a court of limited jurisdiction;

(iv)       an action for review on an administrative record;

(v)         a forfeiture action in rem arising from a statute;

(vi)     a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence;

(vii)      an action to enforce or quash an administrative summons or subpoena;

(viii) a proceeding ancillary to a proceeding in another court;

(ix)      an action to enforce an arbitration award; and

(x)       any other action that is not brought against a specific individual or entity.

(C)     Time for Initial Disclosures—In General. A party must make the initial disclosures at or within 14 days after the parties’ Rule 16.1(b) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the Rule 16.1(c) case conference report. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure.

(D)     Time for Initial Disclosures—For Parties Served or Joined Later. A party that is first served or otherwise joined after the Rule 16.1(b) conference must make the initial disclosures within 30 days after filing an answer or a motion under Rule 12, unless a different time is set by stipulation or court order.

(E)       Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

(2)     Disclosure of Expert Testimony.

(A) In General. In addition to the disclosures required by Rule 16.1(a)(1), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under NRS 50.275, 50.285, and 50.305.

(B) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report—prepared and signed by the witness—if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party’s employee regularly involve giving expert testimony. The report must contain:

(i)     a complete statement of all opinions the witness will express, and the basis and reasons for them;

(ii)     the facts or data considered by the witness in forming them;

(iii)        any exhibits that will be used to summarize or support them;

(iv)     the witness’s qualifications, including a list of all publications authored in the previous ten years;

(v)       a list of all other cases in which, during the previous four years, the witness testified as an expert at trial or by deposition; and

(vi)    a statement of the compensation to be paid for the study and testimony in the case.

(C)   Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, this disclosure must state:

(i)   the subject matter on which the witness is expected to present evidence under NRS 50.275, 50.285, and 50.305;

(ii)   a summary of the facts and opinions to which the witness is expected to testify;

(iii)    the qualifications of that witness to present evidence under NRS 50.275, 50.285, and 50.305, which may be satisfied by the production of a resume or curriculum vitae; and

(iv)    the compensation of the witness for providing testimony at deposition and trial, which is satisfied by production of a fee schedule.

(D)    Treating Physicians.

(i)   Status. A treating physician who is retained or specially employed to provide expert testimony in the case, or whose duties as the party’s employee regularly involve giving expert testimony on behalf of the party, must provide a written report under Rule 16.1(a)(2)(B). Otherwise, a treating physician who is properly disclosed under Rule 16.1(a)(2)(C) may be deposed or called to testify without providing a written report. A treating physician is not required to provide a written report under Rule 16.1(a)(2)(B) solely because the physician’s testimony may discuss ancillary treatment, or the diagnosis, prognosis, or causation of the patient’s injuries, that is not contained within the physician’s medical chart, as long as the content of such testimony is properly disclosed under Rule 16.1(a)(2)(C)(i)-(iv).

(ii) Change in Status. A treating physician will be deemed a retained expert witness subject to the written report requirement of Rule 16.1(a)(2)(B) if the party is asking the treating physician to provide opinions outside the course and scope of the treatment provided to the patient.

(iii) Disclosure. The disclosure regarding a non- retained treating physician must include the information identified in Rule 16.1(a)(2)(C), to the extent practicable. In that regard, appropriate disclosure may include that the physician will testify in accordance with his or her medical chart, even if some records contained therein were prepared by another healthcare provider.

(E)     Time to Disclose Expert Testimony.

(i)   A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order otherwise, the disclosures must be made:

(a) at least 90 days before the discovery cut-off date; or

(b)   if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 16.1(a)(2)(B), (C), or (D), within 30 days after the other party’s disclosure.

(ii)   The disclosure deadline under Rule 16.1(a)(2)(E)(i)(b) does not apply to any party’s witness whose purpose is to contradict a portion of another party’s case in chief that should have been expected and anticipated by the disclosing party, or to present any opinions outside of the scope of another party’s disclosure.

(F)     Supplementing the Disclosure.

(i)   In General. The parties must supplement these disclosures when required under Rule 26(e).

(ii)    Non-Retained Experts. A non-retained expert, who is not identified at the time the expert disclosures are due, may be subsequently disclosed in accordance with Rule 26(e). In general, the disclosing party must move to reopen the discovery deadlines or otherwise seek leave of court in order to supplementally disclose a non-retained expert. However, supplementation may be made without first moving to reopen the expert disclosure deadlines or otherwise seeking leave of court, if such disclosure is made:

(a)     in accordance with Rule 16.1(a)(2)(C);

(b)   within a reasonable time after the non- retained expert’s opinions become known to the disclosing party; and

(c)     not later than 21 days before the close of discovery.

(3)    Pretrial Disclosures.

(A)   In General. In addition to the disclosures required by Rule 16.1(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial, including impeachment and rebuttal evidence:

(i)   the name and, if not previously provided, the address and telephone number of each witness—separately identifying those the party expects to present, those witnesses who have been subpoenaed for trial, and those it may call if the need arises;

(ii)    the designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition; and

(iii)     an identification of each document or other exhibit, including summaries of other evidence—separately identifying those items the party expects to offer and those it may offer if the need arises.

(B)      Time for Pretrial Disclosures; Objections.

(i)     Unless the court orders otherwise, these disclosures must be made at least 30 days before trial.

(ii)     Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections:

(a)     any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 16.1(a)(3)(A)(ii); and

(b)     any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 16.1(a)(3)(A)(iii).

(iii)     An objection not so made—except for one under NRS 48.025 and 48.035—is waived unless excused by the court for good cause.

(4)    Form of Disclosures. Unless the court orders otherwise, all disclosures under Rule 16.1(a) must be in writing, signed, and served.

(b) Early Case Conference; Discovery Plan. Except as otherwise stated in this rule, all parties who have filed a pleading in the action must participate in an early case conference.

(1) Exceptions. Parties are not required to participate in an early case conference if:

(A)    the case is exempt from the initial disclosure requirements under Rule 16.1(a)(1)(B);

(B)      the case is subject to arbitration under Rule 3(A) of the Nevada Arbitration Rules (NAR) and an exemption from arbitration under NAR 5 has been requested but not decided by the court or the commissioner appointed under NAR 2(c);

(C)    the case is in the court-annexed arbitration program;

(D)   the case has been through arbitration and the parties have requested a trial de novo under the NAR;

(E)     the case is in the short trial program; or

(F)    the court has entered an order excusing compliance with this requirement.

(2)    Timing.

(A)   In General. The early case conference must be held within 30 days after service of an answer by the first answering defendant. All parties who have served initial pleadings must participate in the first case conference. If a new party serves its initial pleading after the first case conference, a supplemental case conference must be held within 30 days after service by any party of a written request for a supplemental conference; otherwise, a supplemental case conference is not required.

(B)   Continuances. The parties may agree to continue the time for the early case conference or a supplemental case conference for an additional period of not more than 90 days. The court, for good cause shown, may also continue the time for any case conference. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time for the early case conference involving a particular defendant to a date more than 180 days after service of the first answer by that defendant.

(3)   Attendance. A party may attend the case conference in person or by using audio or audiovisual transmission equipment that permits all those appearing or participating to hear and speak to each other, provided that all conversation of all parties is audible to all persons participating. The court may order the parties or attorneys to attend the conference in person.

(4)      Responsibilities.

(A)     Scheduling. Unless the parties agree or the court orders otherwise, the plaintiff is responsible for designating the time and place of each conference.

(B)      Content. At each conference, the parties must do the following:

(i)     consider the nature and basis of their claims and defenses;

(ii)    consider the possibilities for a prompt settlement or resolution of the case;

(iii)      make or arrange for the disclosures required by Rule 16.1(a)(1);

(iv)     disclose the name of each relevant medical provider for each person whose injury is in issue and provide an appropriate signed medical authorization to obtain medical records from each provider, unless an authorization has been given under Rule 16.1(a)(l)(A)(iii);

(v)       discuss any issues about preserving and producing discoverable information, including electronically stored information;

(vi)     discuss any issues concerning disclosure of trade secrets or other confidential information and whether the parties agree on the need for and form of a confidentiality order or if a motion for a protective order under Rule 26(c) will be necessary to resolve such issues; and

(vii)      develop a proposed discovery plan under Rule 16.1(b)(4)(C).

(C)      Discovery Plan. The discovery plan must state the parties’ views and proposals on:

(i)     what changes should be made in the timing, form, or requirement for disclosures under Rule 16.1(a), including a statement as to when disclosures under Rule 16.1(a)(1) were made or will be made;

(ii)     the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues;

(iii)     any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;

(iv)      any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order;

(v)        what changes should be made in the limitations on discovery imposed under these rules and what other limitations should be imposed;

(vi)     any other orders that should be entered by the court under Rule 26(c) or under Rule 16(b) and (c); and

(vii)      an estimated time for trial.

(c)     Case Conference Report.

(1)      In General.

(A)    Joint or Individual Report. Within 30 days after each case conference, the parties must file a joint case conference report, or if the parties are unable to agree upon the contents of a joint report, each party must serve and file an individual case conference report.

(B)      After Supplemental Case Conference. After a supplemental case conference, the parties must supplement, but need not repeat, the contents of former reports. Notwithstanding the filing of a supplemental case conference report, deadlines set forth in an existing scheduling order remain in effect unless the court modifies the discovery deadlines.

(C) After Court-Annexed Arbitration. Unless otherwise ordered by the court, parties to any case in which a timely request for a trial de novo is filed after arbitration need not hold a further in-person conference, but must file a joint case conference report within 60 days from the date that the request for trial de novo is filed. The report must be prepared by the party filing the request for the trial de novo, unless otherwise stipulated or ordered.

(2)    Content. Whether a case conference report is filed jointly or individually, it must contain:

(A)   a brief description of the nature of the action and each claim for relief or defense;

(B)    a brief statement of whether the parties did or did not consider settlement and whether settlement of the case may be possible;

(C)    a proposed plan and schedule of any additional discovery under Rule 16.1(b)(4)(C);

(D)     a written list of names exchanged under Rule 16.1(a)(l)(A)(i);

(E)    a written list of all documents provided at or as a result of the case conference under Rule 16.1(a)(l)(A)(ii);

(F)     a written list of the medical providers identified under Rule 16.1(a)(l)(A)(iii);

(G)     a statement of the damages computations disclosed under Rule 16.1(a)(l)(A)(iv);

(H)     a written list of the insurance agreements disclosed under Rule 16.1(a)(l)(A)(v);

(I)        a written list of experts disclosed under Rule 16.1(a)(2), and a statement indicating whether the identified experts will provide or have provided expert reports;

(J)     a statement identifying any issues about preserving discoverable information;

(K)     a statement identifying any issues about trade secrets or other confidential information, and whether the parties have agreed upon a confidentiality order or whether a Rule 26(c) motion for a protective order will be made;

(L)      a calendar date on which discovery will close;

(M)     a calendar date, not later than 90 days before the close of discovery, beyond which the parties are precluded from filing motions to amend the pleadings or to add parties unless by court order;

(N)      a calendar date by which the parties will make expert disclosures under Rule 16.1(a)(2), with initial disclosures to be made not later than 90 days before the discovery cut-off date and rebuttal disclosures to be made not later than 30 days after the initial disclosure of experts;

(O)      a calendar date, not later than 30 days after the discovery cut-off date, by which dispositive motions must be filed;

(P)        an estimate of the time required for trial; and

(Q)       a statement as to whether a jury demand has been filed.

(3)    Objections. Within 7 days after service of any case conference report, any other party may file a response in which it objects to all or a part of the report or adds any other matter that is necessary to properly reflect the proceedings that occurred at the case conference.

(d)    Automatic Referral of Discovery Disputes. Where available or unless otherwise ordered by the court, all discovery disputes (except those presented at the pretrial conference or trial) must first be heard by the discovery commissioner under Rule 16.3.

(e)    Failure or Refusal to Participate in Pretrial Discovery; Sanctions.

(1)   Untimely Case Conference. If the conference described in Rule 16.1(b) is not held within 180 days after service of an answer by a defendant, the court, on motion or on its own, may dismiss the case as to that defendant, without prejudice, unless there are compelling and extraordinary circumstances for a continuance beyond this period. This provision does not apply to a defendant who serves its answer after the first case conference, unless a party has served a written request for a supplemental conference in accordance with Rule 16.1(b)(2)(A).

(2)   Untimely Case Conference Report. If the plaintiff does not file a case conference report within 240 days after service of an answer by a defendant, the court, on motion or on its own, may dismiss the case as to that defendant, without prejudice. This provision does not apply to a defendant who serves its answer after the first case conference, unless a party has served a written request for a supplemental conference in accordance with Rule 16.1(b)(2)(A).

(3)   Other Grounds for Sanctions. If an attorney fails to reasonably comply with any provision of this rule, or if an attorney or a party fails to comply with an order entered under Rule 16.3, the court, on motion or on its own, should impose upon a party or a party’s attorney, or both, appropriate sanctions in regard to the failure(s) as are just, including the following:

(A)    any of the sanctions available under Rules 37(b) and 37(f); or

(B)   an order prohibiting the use of any witness, document, or tangible thing that should have been disclosed, produced, exhibited, or exchanged under Rule 16.1(a).

(f)   Complex Litigation. In a potentially difficult or protracted action that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems, the court may, upon motion and for good cause shown, waive any or all of the requirements of this rule. If the court waives all the requirements of this rule, it must also order a conference under Rule 16 to be conducted by the court.

(g)   Self-Represented Litigants. The requirements of this rule apply to any self-represented party.

Advisory Committee Note—2019 Amendment

Subsection (a). Rule 16.1(a) borrows language but differs in key respects from its federal counterpart, FRCP 26(a). Rule 16.1(a)(l)(A)(i) retains Nevada’s initial disclosure requirement as to witnesses, which is broader than the federal rule in that it reaches witnesses with knowledge relevant to impeachment or rebuttal. Rule 16.1(a)(l)(A)(ii) incorporates language from the federal rule requiring that a party disclose materials that it may use to support its claims or defenses. However, the disclosure requirement also includes any record, report, or witness statement in any form, including audio or audiovisual form, concerning the incident that gives rise to the lawsuit. The initial disclosure requirement of a “record” or “report” under Rule 16.1(a)(l)(A)(ii) includes but is not limited to: incident reports, records, logs and summaries, maintenance records, former repair and inspection records and receipts, sweep logs, and any written summaries of such documents. Documents identified or produced under Rule 16.1(a)(l)(A)(ii) should include those that are prepared or exist at or near the time of the subject incident. The reasonable time required for production of such documents will depend on the facts and circumstances of each case. A party who seeks to avoid disclosure based on privilege must provide a privilege log.

Rule 16.1(a)(l)(A)(iii) is new. An “appropriate” authorization must comply with the federal Health Insurance Portability and Accountability Act, or HIPAA.

Rule 16.1(a)(1)(B) includes a list of case types that are exempt from the initial disclosure requirements. Family law actions are subject to the mandatory disclosure requirements of Rule 16.2 and Rule 16.205. Probate proceedings are exempted from these requirements as an initial matter; but under NRS 155.170 and 155.180, courts remain free to apply these provisions as they deem appropriate.

Rule 16.1(a)(2) incorporates the federal rule requirement that the report of a retained expert witness disclose “the facts or data considered by the witness” in forming his or her opinions. The former language—“the data or other information considered by the witness”—has been construed broadly by most federal courts to include drafts of expert reports and virtually any communications between counsel and the expert. The new language avoids that result. The 2019 amendments do not abrogate the 2012 drafter’s notes to Rule 16.1.

Rule 16.1(a)(2)(E) has been revised to include cases in which simultaneous disclosure of expert testimony may not be appropriate. In such a case, if the parties are unable to stipulate to the timing of such disclosures, either or both may seek a court order to schedule the disclosures of each expert.

An initial expert may also serve as a rebuttal expert and offer rebuttal opinions so long as those opinions are disclosed at the time of the rebuttal expert disclosure, or as a required supplement in accordance with Rule 26(e)(2).

Unlike its federal counterpart, Rule 16.1(a)(3)(A)(i) retains the requirement that a party’s pretrial disclosures identify those witnesses who have been subpoenaed for trial.

Subsection (b). The amendments reorganize Rule 16.1(b) in the style of the federal rules. Rule 16.1(b)(1) is new, and it specifies the circumstances when a case conference is not required. Rule 16.1(b)(2) contains new provisions addressing the timing of supplemental case conferences. Rule 16.1(b)(3) makes clear that parties are not required to attend a case conference in person, although the court can order attendance. Rule 16.1(b)(4) includes the federal requirements that parties discuss and address issues pertaining to the preservation of discoverable information, including electronically stored information, and issues pertaining to privilege and work-product claims (e.g., inadvertent disclosure).

Subsections (c), (d), (e), and (g). The changes in Rules 16.1(c) and 16.1(e) are stylistic. The amendments relocate the report and recommendation, objection, response, and review sections of the former NRCP 16.1(d) into Rule 16.3. Rule 16.1(g) has been reworded for enhanced clarity.

Drafter’s Notes—2012 Amendment

[Subsection (a)(2)(C)] specifies the information that must be included in a disclosure of expert witnesses who are not otherwise required to provide detailed written reports. A treating physician is not a retained expert merely because the patient was referred to the physician by an attorney for treatment. These comments may be applied to other types of non-retained experts by analogy. In the context of a treating physician, appropriate disclosure may include that the witness will testify in accordance with his or her medical chart, even if some records contained therein were prepared by another healthcare provider. A treating physician is not a retained expert merely because the witness will opine about diagnosis, prognosis, or causation of the patient’s injuries, or because the witness reviews documents outside his or her medical chart in the course of providing treatment or defending that treatment. However, any opinions and any facts or documents supporting those opinions must be disclosed in accordance with [subsection (a)(2)(C)].

Terms of Use

By using or visiting The Website, you are agreeing to the following terms and conditions as well as the Privacy Policy and Disclaimer.  If you do not agree to any of these terms, then please do not use The Website, as your continued use shall constitute your acceptance of our Terms of Use.

This website is intended for use by the public for viewing and retrieving information only.  Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of The Website. The Website may contain links to third party websites that are not owned or controlled by alegalcheckup.com, nevadalaw.info, and/or yourlegalguides.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using The Website, you expressly assume individual responsibility and relieve Jay Young and/or any firm with which he is affiliated (hereinafter collectively “Jay Young Parties”) from any and all liability arising from your use of any third-party website. Jay Young Parties hereby grant you permission to use this website provided that you do not copy or distribute any part of The Website without prior written authorization from Jay Young Parties, and you otherwise comply with the terms and conditions of these Terms of Use.

Formation Of Attorney-Client Relationship

If you require legal advice, you should contact an attorney competent to render such advice within your jurisdiction. The information and materials provided by this site are not intended to be advertising.  Our transmission and your receipt of any data through The Website, or your or anyone else’s use of this website, is not intended to, and does not create, an attorney-client relationship between you and Jay Young Parties. This includes, but is not limited to, the transmission of an Email message through The Website to any attorney practicing at Jay Young Parties. By submitting information to this cite, you agree that the Jay Young Parties only form an attorney-client relationship with potential clients after conducting a thorough background check and thereafter only through the execution of engagement letters with a client, and unless and until you receive and have signed such a letter, an attorney-client relationship does not exist and you should not assume that one does. You agree that any information sent to us cannot be considered as confidential.

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The content on The Website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of Jay Young Parties and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Jay Young Parties and is protected by U.S. and international copyright laws. Content on The Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Jay Young Parties reserve all rights not expressly granted in and to The Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.

Claims of Copyright Infringement

Jay Young Parties respect the intellectual property rights of others.  Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing sending an email to jay@h2law.com or you may mail your changes to 3800 Howard Hughes Parkway, Ste. 1000, Las Vegas, Nevada 89169 with the following information consistent with 17 U.S.C 512(c)(3):

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

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(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Jay Young Parties that your copyrighted material has been infringed. The preceding requirements are intended to comply with Jay Young Parties”s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Jay Young Parties has adopted a policy of terminating, in appropriate circumstances and at Jay Young Parties’s sole discretion, members who are deemed to be repeat infringers. Jay Young Parties may also at his sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

User Conduct

By using, viewing or accessing this website, you expressly agree to not use the website to: i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;  iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship; v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii) interfere with or disrupt The Website, servers, or networks connected to The Website, or disobey any requirements, procedures, policies or regulations of networks connected to The Website; ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or “stalk,” “prey upon,” or otherwise harass another.

Prohibited Uses

As a condition of your use of The Website, you agree that you will not use The Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any site server, or interfere with any other party’s use and enjoyment of The Website. You may not attempt to gain unauthorized access to The Website, other accounts, computer systems or networks connected to any site server or The Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Jay Young Parties without restriction.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JAY YOUNG PARTIES, ANY FIRM WITH WHICH HE IS AFFILIATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JAY YOUNG PARTIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAY YOUNG PARTIES  WEBSITE. JAY YOUNG PARTIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JAY YOUNG PARTIES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JAY YOUNG PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

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YOU SPECIFICALLY ACKNOWLEDGE THAT JAY YOUNG PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Jay Young Parties from its facilities in the State of Nevada, in the United States of America. Jay Young Parties make no representations that The Website is appropriate or available for use in other locations. Those who access or use The Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

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Modifications

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General

By using, viewing or accessing the Jay Young Parties website, you agree that: (i) The Website shall be deemed solely based in Nevada; and (ii) The Website is a passive website that does not give rise to personal jurisdiction over Jay Young Parties, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Jay Young Parties that arises in whole or in part from The Website shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the Jay Young Parties website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Jay Young Parties Privacy Policy and any other legal notices published by Jay Young Parties on The Website, shall constitute the entire agreement between you and Jay Young Parties concerning The Website. If any provision of these Terms of Use or the Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Jay Young Parties Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Jay Young Parties” failure to assert any right or provision under these Terms of Use or the Privacy Policy shall not constitute a waiver of such right or provision. Jay Young Parties reserve the right to amend these Terms of Use or the Jay Young Parties Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Privacy Policy for any changes. Your use of The Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Jay Young Parties

Attn: Webmaster

3800 Howard Hughes Parkway, Ste 1000

Las Vegas, Nevada 89169

United States

By email: jay@h2law.com

By phone: 702.667.4828

Effective date: December 1, 2011.

In Nevada, the elements for a claim of quiet title are:

  1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS  40.010;
  2. Complaint must be verified. NRS 40.090-1;
  3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;
  4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;
  5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;
  6. Disclaimer must be filed. NRS 40.020;
  7. Affidavit to unknown heirs must be filed. NRS 14.040(3);
  8. Court must hold a hearing on the evidence in order to issue judgment. Quiet title may not be obtained through default judgment.  NRS 40.110; and
  9. Record a certified copy of the judgment quieting title. NRS 247.120(o).

Joyner v. Bank of America Home Loans, Case No. 2:09-CV-2406-RCJ-RJJ 2010 WL 2953969 (D. Nev. 2010); Kemberling v. Ocwen Loan Servicing, LLC, Case No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman, 44 F. Supp. 2d 1105, 1109-10 (D. Nev. 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore, 87 Nev. 9, 12, 479 P.2d 779 (1971); MacDonald v. Krause, 77 Nev. 312, 317-18, 362 P.2d 724 (Nev. 1961); Clay v. Scheeline Banking & Trust Co., 40 Nev. 9, 159 P. 1081, 1082-83 (1916).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of breach of an implied warranty of merchantability are:

  1. Buyer purchases goods from a seller;
  2. Seller is a merchant with respect to the goods of the type of those in question;
  3. Nevada law implies a warranty of merchantability unless specifically excluded or modified by contract with the seller (NRS 104.2314);
  4. The implied warranty is that the goods “shall be merchantable”;
  5. A disclaimer contained in a contract excludes warranty; and
  6. Causation and damages.

NRS 104.2314; NRS 104.2316; Scaffidi v. United Nissan, 425 F. Supp. 2d 1172 (D. Nev. 2005); Vacation Village, Inc. v. Hitachi Am. Ltd., 110 Nev. 481, 874 P.2d 744 (1994); Olson v. Richard, 120 Nev. 240, 247, 89 P.3d 31, 35 (2004); Sierra Creek Ranch, Inc., v. J.I. Case, 97 Nev. 457, 634 P.2d 458 (1981); “Unless excluded, or modified, a warranty of merchantability is implied in a contract if the seller is a merchant with respect to the goods in question.” Mohasco Indus., Inc. v. Anderson Halverson Corp., 90 Nev. 114, 520 P.2d 234, 235-36 (1974) (citing NRS 104.2314).

 

See elements for other claims at the Nevada Law Library