Posts by: Jay Young, Las Vegas Nevada Business Litigation Attorney, Arbitrator and Mediator

 

A frequent complaint about arbitration is that it is not as cost-effective as the parties hoped it would be.  In fact, 69% of corporate counsel, outside counsel, arbitrators, and company executives surveyed believe arbitration fails at least half of the time to meet its goal of providing speed, efficiency, and economy.[1]  What makes arbitration costly?  Many things, but this article will focus on discovery, motion practice, and multiple-arbitrator panels. (more…)

Preparing for Mediation (Produced by the American Bar Association, Section of Dispute Resolution)

Preparing for Family Mediation (Produced by the American Bar Association, Section of Dispute Resolution)

Preparing for Complex Civil Mediation (Produced by the American Bar Association, Section of Dispute Resolution)”

N.R.S. CHAPTER 78 – PRIVATE CORPORATIONS

GENERAL PROVISIONS

NRS 78.010             Definitions; construction.

NRS 78.015             Applicability of chapter; effect on corporations existing before April 1, 1925.

NRS 78.020             Limitations on incorporation under chapter; compliance with other laws.

NRS 78.025             Reserved power of State to amend or repeal chapter; chapter part of corporation’s charter. (more…)

N.R.S. CHAPTER 33 – INJUNCTIONS

GENERAL PROVISIONS

NRS 33.010             Cases in which injunction may be granted.

NRS 33.015             Injunction to restrain unlawful act against witness or victim of crime.

NRS CHAPTER 32 – RECEIVERS

NRS 32.010             Cases in which receiver may be appointed.

NRS 32.015             Additional cases in which receiver may be appointed.

NRS 32.020             Reversion and disposition of unclaimed dividends in receivership.

We have all been there.  During trial a witness testifies inconsistently with her prior testimony.  So you dutifully pull out the transcript to impeach her.  Here is a method I have found that works to limit the witness’ ability to wiggle out of prior testimony.

First, commit the witness to the testimony she gave under oath today.  Say something like “on direct examination, you testified that the light was green for southbound traffic on Rainbow when you entered the intersection, correct?”  Make sure you are quoting the prior testimony as closely as possible in order to avoid having the witness quibble. (more…)

(Discoverability of Conversations During Deposition Breaks)

Let’s pretend that your client needs a restroom break during a deposition and there is no question pending (thus, not triggering an In Re Stratosphere Corporation, 182 F.R.D. 614 (D. Nev. 1998) problem).  You and your client requested a break.  Before going back into the deposition, you remind your client about the training you gave him to answer only the question asked and not to volunteer information.  You also tell him to beware if opposing counsel asks questions about that smoking gun document that he pay special attention to the second paragraph.  Under a recent Nevada decision, no privilege would attach to that conversation, meaning your client could and would be forced to divulge the contents of that conversation if the examining attorney is aware of the decision. (more…)

For large, complex arbitration, some parties negotiate for and require three arbitrators to hear their dispute.  The problem with this approach, according to the American Arbitration Association (the “AAA”), is that three-arbitrator panels cost the parties on average 5 times as much as a single arbitrator case.  The AAA suggests there may be a more cost efficient way to deliver the same services, as 60% of business disputes filed with the organization resolve before the actual arbitration hearing.  So why not limit the workload of the three arbitrators prior to the arbitration hearing?

The AAA’s solution to this frequent complaint about arbitration being too costly is found in the new Streamlined Three-Arbitrator Panel Option, which allows all pre-hearing matters to be heard by a single arbitrator, with only the final arbitration being heard by the entire panel.  According to the AAA:

The Streamlined Three-Arbitrator Panel Option allows parties to . . . utilizing a single arbitrator to manage the early stages of the case, decide issues related to the exchange of information and resolve other procedural matters without incurring the costs associated with the entire panel . . . By maximizing the use of a single arbitrator, the parties will be able to capitalize on the cost savings provided by a single arbitrator while still preserving their right to have the case ultimately decided by a panel of three arbitrators.

Parties do not have to agree to the streamlined panel method and may have 3 arbitrators hear and decide every matter.  Further, they may at any time withdraw their consent to participate in the streamlined option and will thereafter have all matters heard by a full panel.  This rule change should be applauded by the ADR community as a money-saving method that still gives the litigants the ability to control their arbitration experience through contract.

An opinion recently issued by the 9th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs.  The case is Mohamed v. Uber Technologies, Inc.  It stands for the propositions that: 1) an arbitration agreement may delegate the question of arbitrability to an arbitrator despite federal policy that courts should decide arbitrability; and 2) an arbitration agreement containing a clear-opt out provision is neither adhesive nor unconscionable.

This decision should encourage us to write better arbitration clauses so that we can better control the litigation environment.  For further discussion of this topic, see this article 10 Steps to Writing a Better Arbitration Agreement. (more…)

How do you properly respond to a Nevada subpoena?  As is so often the case in the law, the answer is “it depends.” Let’s first discuss the different types of subpoenas and then decide on the best way to respond to them.

The post assumes that you are not a party to the litigation and that the subpoena is not for trial testimony.  If that is the case, the subpoena is served for the purpose of gathering information one of the parties thinks they need to prove their case, and is called a discovery subpoena.  A discovery subpoena may require the receiving party to turn over documents, allow for the inspection of physical premises, and/or provide testimony.  Nevada Rules of Civil Procedure (“NRCP”), NRCP 45(b)(1), NRCP 30(b)(1). (more…)

In Nevada, there are very few restrictions on what name can be given to a corporation.  First, a corporation may not be the name or initials of a natural person unless it also contains and additional designation such as “Incorporated,” “Limited,” “Inc.,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word which identifies it as not being a natural person.  NRS 78.035.  Second, the name “must be distinguishable . . . from the names of all other” companies registered with the Nevada Secretary of State.  NRS 78.039. Finally, the name may not insinuate that the corporation is a “bank” or “trust,” associated with a regulated industry unless it has approval to do so by the appropriate state agency which regulates that industry.  NRS 78.045.

A more practical concern is whether a chosen name infringes on the trademark of another business.  A prudent business owner will determine that the proposed business name does not infringe on that of another.  There are both state and federal trademarks to consider.

In our last post, we discussed Articles of Incorporation.  In this post, we discuss a corporation’s bylaws.  A corporation’s bylaws are written rules by which the corporation, its officers, directors, and shareholders must abide.  They establish how the company is ruled and what are the duties and obligations of its officers, directors, and shareholders.  Unlike the articles of incorporation, there is no obligation to file the bylaws with the Nevada Secretary of State.

Most bylaws will contain (remembering that the officers and directors will be legally required to adhere to the standards.  Importantly, if they are sued, the bylaws are the standard against which their actions will be judged): (more…)

Nevada Jury Instructions

NEV. J.I. 1.0               DUTY OF JUDGE AND JURY
NEV. J.I. 1.01             USE OF INSTRUCTIONS
NEV. J.I. 1.02            MASCULINE FORM OF PRONOUN INCLUDES FEMININE OR CORPORATION
NEV. J.I.1.03             WHAT IS AND WHAT IS NOT EVIDENCE  (more…)

In Nevada, a corporation is formed when one or more persons, called “incorporators”, sign and file articles of incorporation with the Nevada Secretary of State.  Roughly stated, the articles of incorporation state the intention of the incorporators to transact business as a separate legal entity

A corporation may be formed to conduct any lawful business, or to promote or conduct any legitimate object or purpose NRS 78.030(1).  The articles must contain the following information:

(more…)

RULE 16.  SETTLEMENT CONFERENCES

IN CIVIL APPEALS

       (a) Assignment of Case to Settlement Conference Program.  Any civil appeal in which all parties are represented by counsel and that does not involve termination of parental rights may be assigned to the settlement conference program. The settlement conference program administrator shall determine whether to assign an appeal to the settlement conference program. The settlement conference shall be presided over by a qualified mediator who has been appointed as a settlement judge by the Supreme Court.

       (1) Settlement Notice; Suspension of Rules.  The clerk shall issue a settlement notice informing the parties that the appeal will be assigned to the settlement conference program. The settlement notice automatically stays the time for filing a request for transcripts under Rule 9 and for filing briefs under Rule 31. The notice also stays the preparation and filing of any transcripts requested under Rule 9.

       (2) Assignment Notice.  The clerk of the Supreme Court shall issue an assignment notice informing the parties that a case has been assigned to the settlement conference program and of the name of the settlement judge.

       (3) Service.  Papers or documents filed with the Supreme Court while a case is in the settlement program shall be served on all parties and the settlement judge.

       (b) Early Case Assessment.  The settlement judge shall conduct a pre-mediation telephone conference with counsel and file an Early Case Assessment Report within 30 days of assignment. In that report, the settlement judge shall inform the court whether the case is appropriate for the program or should be removed from the program. If the settlement judge reports that the case is not appropriate for the settlement conference program, the court may remove the case from the program and reinstate the timelines for requesting transcripts under Rule 9 and briefing under Rule 31.

       (c) Scheduling of Settlement Conference.  Unless the Supreme Court removes the case from the settlement conference program under Rule 16(b), the settlement judge shall schedule a settlement conference within 90 days of assignment. If the case involves child custody, visitation, relocation or guardianship issues, the conference shall be scheduled within 60 days of assignment.

       (d) Settlement Statement.  Each party to the appeal shall submit a settlement statement directly to the settlement judge within 15 days from the date of the clerk’s assignment notice. A settlement statement shall not be filed with the Supreme Court and shall not be served on opposing counsel.

      A settlement statement is limited to 10 pages, and shall concisely state: (1) the relevant facts; (2) the issues on appeal; (3) the argument supporting the party’s position on appeal; (4) the weakest points of the party’s position on appeal; (5) a settlement proposal that the party believes would be fair or would be willing to make in order to conclude the matter; and (6) all matters which, in counsel’s professional opinion, may assist the settlement judge in conducting the settlement conference. Form 10 in the Appendix of Forms is a suggested form of a settlement statement.

       (e) Settlement Conference.  The settlement conference shall be held at a time and place designated by the settlement judge.

       (1) Attendance.  Counsel for all parties and their clients must attend the conference. The settlement judge may, for good cause shown, excuse a client’s attendance at the conference, provided that counsel has written authorization to resolve the case fully or has immediate telephone access to the client.

       (2) Agenda.  The agenda for the settlement conference and the sequence of presentation shall be at the discretion of the settlement judge. A subsequent settlement conference may be conducted by agreement of the parties or at the direction of the settlement judge.

       (3) Settlement Conference Status Reports.  Within 10 days from the date of any settlement conference, the settlement judge shall file a settlement conference status report. The report must state the result of the settlement conference, but shall not disclose any matters discussed at the conference.

       (4) Settlement Documents.  If a settlement is reached, the parties shall immediately execute a settlement agreement and a stipulation to dismiss the appeal, and shall file the stipulation to dismiss with the clerk of the Supreme Court. The settlement agreement does not need to be filed with the Supreme Court.

       (f) Length of Time in Settlement Conference Program.

       (1) Time Limits.  Within 180 days of assignment, the settlement judge must file a final settlement conference status report indicating whether the parties were able to agree to a settlement. For cases involving child custody, visitation, relocation or guardianship issues, a final settlement conference status report must be filed within 120 days of assignment.

       (2) Extensions.  Upon stipulation of all parties or upon the settlement judge’s recommendation, the settlement program administrator may extend the time for filing a final settlement conference status report. In cases not involving child custody, visitation, relocation or guardianship issues, the time may be extended for an additional 90 days. In cases involving child custody, visitation, relocation or guardianship issues, the time may be extended for an additional 60 days.

       (3) Reinstatement of Rules.  At the discretion of the settlement program administrator, the timelines for requesting transcripts under Rule 9 and filing briefs under Rule 31 may be reinstated during any extension period granted under Rule 16(f)(2).

       (g) Sanctions.  The failure of a party, or the party’s counsel, to participate in good faith in the settlement conference process by not attending a scheduled conference or not complying with the procedural requirements of the program may be grounds for sanctions against the party, the party’s counsel, or both. If a settlement judge believes sanctions are appropriate, the settlement judge may file a settlement conference status report recommending the sanction to be imposed and describing the conduct warranting that sanction. Sanctions include, but are not limited to, payment of attorney’s fees and costs of the opposing party, dismissal of the appeal, or reversal of the judgment below.

       (h) Confidentiality.  Papers or documents prepared by counsel or a settlement judge in furtherance of a settlement conference, excluding the settlement conference status report, shall not be available for public inspection or submitted to or considered by the Supreme Court or Court of Appeals. Matters discussed at the settlement conference and papers or documents prepared under this rule shall not be admissible in evidence in any judicial proceeding and shall not be subject to discovery.

      [Added; effective February 26, 1997; as amended; effective January 20, 2015.]

I.  SCOPE OF RULES

      Rule 1.  The short trial program.

      (a)  Purpose.  The purpose of the short trial program is to expedite civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence.

      (b)  Availability of program.  The short trial program is mandatory in judicial districts subject to the mandatory arbitration program. In all other judicial districts, establishment of a short trial program is voluntary and the judicial district may adopt local rules implementing all or part of the short trial program.

      (c)  Applicability of rules.  The Nevada Rules of Evidence and Civil Procedure apply in short trials except as otherwise specified by these rules.

[Added; effective July 6, 2000; amended effective August 17, 2009.]

      Rule 2.  Short trial commissioner.  Each judicial district may appoint a short trial commissioner to administer the short trial program. Any commissioner so appointed has the responsibilities and powers conferred by these rules and by any local rules. The short trial commissioner may be an arbitration commissioner, alternative dispute resolution commissioner, discovery commissioner, special master, or other qualified and licensed Nevada attorney appointed by the court. The appointment shall be made in accordance with local rules. In districts where there is no commissioner, the district court shall, by local rule, designate a person to perform the duties of the commissioner set forth in these rules.

[Added; effective January 1, 2005.]

      Rule 3.  Presiding judge.  A short trial may be conducted by either a district court judge or a pro tempore judge.

      (a)  Assignment of presiding judge.  No later than 21 days after a case enters the short trial program, the commissioner shall assign a short trial judge to preside over the case. The presiding judge shall be selected by one of the following methods:

             (1) By stipulation.  The parties, within 15 days from the date a case enters the short trial program, may stipulate to have a particular short trial judge serve as the presiding judge. The judge must be selected from the panel of short trial judges and the judge must consent to the assignment. Except that the parties may also stipulate to have a particular district judge serve as presiding judge, provided that the district judge also consents to serve as such.

             (2) Random selection.  Absent a timely stipulation under subdivision (a)(1) of this rule, the commissioner shall randomly select the names of 3 judicial panelists and send the same to the parties. Each party may strike one name within 10 days, and the commissioner shall select the judge from the remaining name(s). For purposes of this rule, if several parties are represented by one attorney, they shall be considered as one party.

      (b)  Panel of short trial judges.  The commissioner shall maintain a list of judges available to hear short jury trials. The list shall include all qualified pro tempore judges for the judicial district.

      (c)  Pro tempore judges.  Pro tempore judges shall be selected and trained by a committee composed of the chief judge of the judicial district or the chief judge’s designee, the commissioner, and a representative of the Alternative Dispute Resolution (ADR) Committee of the State Bar of Nevada. The selection committee shall seek to create a diverse group of qualified pro tempore judges. A pro tempore judge may be added to or removed from the panel of short trial judges pursuant to procedures adopted by each of the district courts. A pro tempore judge shall, however, meet the following minimum qualifications:

(1) Be an active member of the State Bar of Nevada;

(2) Have the equivalent of 10 years of civil trial experience or, in the alternative, be a retired jurist, or presently acting short trial pro tempore judge with a civil background;

(3) Fulfill at least 3 hours of accredited continuing legal education annually as deemed appropriate by the commissioner. Failure to do so may constitute grounds for temporary suspension or removal from the panel of short trial judges.

      (d)  Authority.  While presiding over a case that is in the short trial program, the pro tempore judge shall have all the powers and authority of a district court judge except with respect to the final judgment. A final judgment is one that finally resolves all claims against all parties to the action and leaves nothing for the pro tempore judge’s future consideration except for post-judgment issues such as attorney’s fees and costs.

(1) Not later than 10 days after the rendering of a jury verdict in a jury trial or upon a decision by the presiding judge in a trial to the bench, the judge pro tempore shall submit to the district court judge to whom the case is assigned a proposed judgment.

(2) The judge pro tempore shall provide written notice of the proposed judgment to the parties. Any objections to the proposed judgment shall be filed within 10 days after the written notice of the proposed judgment is served on the parties, and any responses to such objections shall be filed within 5 days after such objections are served.

(3) After reviewing the proposed judgment and any objection to the proposed judgment, the district court shall:

(A) Approve the proposed judgment, in whole or in part; or

(B) Reject the proposed judgment, in whole or in part, and order such relief as may be appropriate.

(4) A proposed judgment from a judge pro tempore is not effective until expressly approved by the district court as evidenced by the signature of the district court judge.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

II.  PARTICIPATION IN AND REMOVAL FROM THE SHORT TRIAL PROGRAM

      Rule 4.  Matters subject to the short trial program.

      (a)  Mandatory participation in the short trial program.

             (1) Trial de novo after arbitration.  All cases that are subject to the mandatory court annexed arbitration program in which a party has filed a request for trial de novo shall enter the short trial program. The party filing the request for trial de novo must comply with N.A.R. 18 and must also pay to the district court clerk all applicable juror fees and costs at the time of filing of the request for trial de novo.

             (2) Cases entering short trial program after unsuccessful mediation in lieu of arbitration.  Cases that enter the mediation program in lieu of arbitration under the Nevada Mediation Rules but are not resolved in the mediation program shall enter the short trial program. The applicable juror fees and costs shall initially be borne equally by the parties. The parties must pay all applicable juror fees and costs as directed by the commissioner.

      (b)  Voluntary participation in the short trial program.  Parties may stipulate to participation in the short trial program as follows:

             (1) Short trial in lieu of arbitration.  In all cases that would otherwise qualify for the court annexed arbitration program, the parties may stipulate to enter the short trial program in lieu of the court annexed arbitration program. A written stipulation, together with all applicable juror fees and costs, must be filed with the district court clerk and served on the commissioner before the conference required under N.A.R. 11. An untimely written stipulation may be filed provided that the parties certify that all arbitrator fees and costs have been paid.

             (2) Cases exempt from arbitration.  Cases exempt from the court annexed arbitration program may, by stipulation of all parties, be placed in the short trial program. A written stipulation, together with all applicable juror fees and costs, must be filed with the district court clerk and served on the commissioner. The parties must also provide written notice to the department of the district court to which the case is assigned.

      (c)  Juror fees and costs.  For purposes of this rule, costs and juror fees shall be calculated using a 4-member jury.

      (d)  Demand for jury trial.  Any party who desires a trial by jury of any issue triable of right by a jury must file and serve upon the other parties a demand therefore in writing, and deposit with the district court clerk all applicable juror fees, no later than the following deadlines:

             (1) Trial de novo cases.  The demand for jury trial and deposit of juror fees by the party who did not request the trial de novo and additional fees for a jury panel larger than four persons must be made not later than 10 days after service of the request for trial de novo.

             (2) Mediation cases.  The demand for jury trial and deposit of juror fees must be made no later than 10 days after service of the mediator’s report under N.M.R. 8.

             (3) Voluntary participation cases.  The demand for jury trial and deposit of juror fees must be made when the written stipulation is filed with the district court.

      (e)  Relief from waiver.  Notwithstanding the failure of a party to demand a jury in accordance with this rule, the presiding judge, upon motion, may order a trial by a jury of any or all issues.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 5.  Removal of cases subject to mandatory participation in the short trial program.

      (a)  Demand for removal; time for filing.  Any party may file with the district court clerk and serve on the other parties and the commissioner a written demand to remove the case from the short trial program. Unless the district in which the action is pending has adopted a local rule pursuant to NRCP 83 declaring otherwise, at the time a demand is filed as required by this rule, the party demanding removal of the case from the short trial program shall deposit with the clerk an amount equal to the fees to be paid the trial jurors for their services for the estimated length of the trial and court costs. If more than one party demands removal of the case from the short trial program, those parties shall be equally responsible for the jury fees and court costs upon filing the demand.

             (1) Trial de novo cases.  A demand to remove a trial de novo case from the short trial program must be filed and served no later than 10 days after service of the request for trial de novo. For good cause shown, an appropriate case may be removed from the short trial program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions.

             (2) Mediation cases.  A demand to remove an unsuccessful mediation case from the short trial program must be filed and served no later than 10 days after service of the mediator’s report under N.M.R. 8. For good cause shown, an appropriate case may be removed from the short trial program upon the filing of an untimely request for exemption; however, such filing may subject the requesting party to sanctions.

      (b)  Juror fees and costs.  For purposes of this rule, costs and juror fees shall be calculated using an 8-member jury and costs shall be estimated at $1,000 unless the parties stipulate to another amount.

      (c)  Waiver of removal.  A party’s opportunity to remove a case from the short trial program is waived if that party fails to timely file and serve a demand to remove the case or fails to deposit the fees and costs required by this rule.

      (d)  Procedure after removal.  After removal from the short trial program, the case shall proceed under the provisions of the Nevada Arbitration Rules governing trials de novo and the Nevada Rules of Civil Procedure.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

III.  PLEADINGS AND MOTIONS; DISCOVERY AND PRETRIAL PROCEDURE

      Rule 6.  Filing and service of documents.  Unless otherwise specified in these rules, all documents must be filed and served in accordance with the provisions of the Nevada Rules of Civil Procedure. Following trial, the presiding judge shall file all documents, jury instructions and evidence with the district court clerk.

[Added; effective January 1, 2005.]

      Rule 7.  Motions; rulings to be written and filed.  The presiding judge shall hear and decide all motions. All rulings issued by the presiding judge shall be in writing and filed with the district court clerk.

[Added; effective January 1, 2005.]

      Rule 8.  Mandatory discovery and settlement conference.  Within 30 days after the appointment of the presiding judge, the parties must meet with the presiding judge to confer, exchange documents, identify witnesses known to the parties which would otherwise be required pursuant to N.R.C.P. 16.1, to formulate a discovery plan, if necessary, and to discuss the possibility of settlement or the use of other alternative dispute resolution mechanisms. The extent to which discovery is allowed is in the discretion of the presiding judge. The presiding judge shall resolve all disputes relating to discovery.

[Added; effective January 1, 2005.]

      Rule 9.  Pretrial memorandum.  No later than 7 days before the pretrial conference under Rule 10, the parties shall prepare and serve on the presiding judge a joint pretrial memorandum. The joint pretrial memorandum shall contain:

(a) a brief statement of the nature of the claim(s) and defense(s);

(b) a complete list of witnesses, including rebuttal and impeachment witnesses, and a description of the substance of the testimony of each witness;

(c) a list of exhibits; and

(d) all other matters to be discussed at pretrial conference.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 10.  Pretrial conference.  No later than 10 days before the scheduled short trial date, the presiding judge shall hold a conference with the parties, in person or by telephone, to discuss all matters needing attention prior to the trial date. During the pretrial conference the presiding judge may rule on any motions or disputes including motions to exclude evidence, witnesses, jury instructions or other pretrial evidentiary matters.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 11.  Settlement before trial.  In the event a case settles before the scheduled short trial date, the parties must, no more than 2 working days after a settlement is reached, submit to the commissioner either a written stipulation and order of dismissal executed by the parties and/or their attorneys or a written statement signed by counsel confirming that the parties have reached a settlement. Violation of this rule shall subject the parties, their attorneys, or both, to sanctions by the commissioner.

[Added; effective January 1, 2005; amended effective April 7, 2008.]

IV.  TRIALS

      Rule 12.  Calendaring.  Unless otherwise stipulated to by the parties and approved by the presiding judge, or for good cause shown, a short trial shall be calendared, depending on courtroom availability, to commence not later than 120 days from the date that the presiding judge is assigned, and 240 days after the filing of a written stipulation for cases that are directly entered in the short trial program by stipulation of the parties under Rule 4(b).

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 13.  Continuances.  No request for the continuance of a trial scheduled in the short trial program may be granted except upon extraordinary circumstances. A motion for a continuance must be in writing and served on the presiding judge, must state the extraordinary circumstances and must otherwise comply with local rules. An order from the presiding judge granting a continuance of a case scheduled for trial in the short trial program must state the nature of the extraordinary circumstances and provide the commissioner with at least 3 dates within the ensuing 60 days when the parties can conduct the trial. The commissioner shall then calendar the case for trial on one of the specified dates.

[Added; effective January 1, 2005.]

      Rule 14.  Location of trial.  The local district court, through the chief judge, senior presiding judge or the court-designated administrator, shall provide courtroom space for said trials and the time and place for the same in coordination with the parties and the presiding judge.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 15.  Depositions, interrogatories and admissions.  Each party is permitted to quote directly from relevant depositions and video depositions, interrogatories, requests for admissions, or any other evidence as stipulated to by the parties.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 16.  Documentary evidence.  Subject to a timely objection pursuant to Rule 17, or as otherwise stipulated to by the parties, any and all reports, documents or other items that would be admitted upon testimony by a custodian of records or other originator such as wage loss records, auto repair estimate records, photographs, or any other such items as stipulated to, may be admitted into evidence without necessity of authentication or foundation by a live witness.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 17.  Evidentiary objections.  On the date the pretrial memorandum is due, the parties shall submit to the presiding judge all evidentiary objections to reports, documents or other items proposed to be utilized as evidence and presented to the jury or presiding judge at the time of trial. Unless an objection is based upon a reasonable belief about its authenticity, the presiding judge shall admit the report, document or other item into evidence without requiring authentication or foundation by a live witness.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 18.  Evidentiary booklets.  The parties shall create a joint evidentiary booklet that may include, but is not limited to, photographs, facts, diagrams, and other evidence to be presented. The booklet shall be submitted with the joint pretrial memorandum. Any evidentiary objections relating to the booklet shall be raised at the Rule 10 conference or shall be deemed waived.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 19.  Expert witnesses.

      (a)  Form of expert evidence.  The parties are not required to present oral testimony from experts and are encouraged to use written reports in lieu of oral testimony in court.

      (b)  Use of oral testimony; disclosure.  If a party elects to use oral testimony, that party must include the expert’s name on the witness list submitted with the pretrial memorandum under Rule 9.

      (c)  Use of written report; disclosure.  If a party elects to use a written report, that party shall provide a copy of the written report to the other parties no later than 30 days before the pretrial conference. Any written report intended solely to contradict or rebut another written report must be provided to the other parties no later than 15 days before the pretrial conference.

      (d)  Qualification of expert witness.  At the time of the pretrial conference, the parties shall file with the presiding judge and serve on each other any documents establishing an expert’s qualifications to testify as an expert on a given subject. There shall be no voir dire of an expert regarding that expert’s qualifications. The presiding judge may rule on any disputes regarding the qualifications of an expert during the pretrial conference under Rule 10.

      (e)  Cap on recovery for expert witness fees.  Recovery for expert witness fees is limited to $500 per expert unless the parties stipulate to a higher amount.

      (f)  Scope of rule.  For purposes of this rule, a treating physician is an expert witness.

[Added; effective January 1, 2005.]

      Rule 20.  Reporting of testimony.  There shall be no formal reporting of the proceedings unless paid for by the party or parties requesting the same.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 21.  Time limits for conduct of trial.  Plaintiff(s) and defendant(s) shall be allowed 3 hours each to present their respective cases unless a different time frame is stipulated to and approved by the presiding judge. Presentation includes opening statements, closing statements, presentation of evidence, examination and cross-examination of witnesses, and any other information to be presented to the jury or presiding judge, including rebuttal. Cross-examination of witnesses shall be attributed to the party cross-examining for calculation of time allowed. For the purposes of this Rule, all plaintiffs collectively shall be treated as one plaintiff, and all defendants collectively shall be treated as one defendant.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 22.  Size of jury.  The parties may stipulate to a jury of 4 or 6 members. For good cause shown to the presiding judge, a party may request a jury of 8 members. Should the parties fail to stipulate to a specific jury size, the jury shall be composed of 4 members.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 23.  Juror selection and voir dire.  Twelve potential jurors will be selected from the county jury pool for a jury of 4 members; 14 potential jurors will be selected for a jury of 6 members; and 16 potential jurors will be selected for a jury of 8 members. Each side shall be allowed 15 minutes of voir dire, which time shall not be deducted from the 3 hours of presentation time provided under Rule 21. At the discretion of the judge, the time for voir dire may be expanded to 20 minutes per side. Each side shall be entitled to strike 2 jurors by peremptory challenge. Challenges for cause will remain the same as provided by statute. In the event the resulting jury panel is greater than 4 members for a 4-member jury, the first 4 members called will constitute the jury panel. In the event the resulting jury panel is greater than 6 members for a 6-member jury, the first 6 members called will constitute the jury panel. In the event the resulting jury panel is greater than 8 members for an 8-member jury, the first 8 members called will constitute the jury panel.

[Added; effective July 6, 2000; amended effective April 7, 2008.]

      Rule 24.  Opening charge to jury.  The presiding judge shall advise the impaneled jury in the opening charge as follows:

A trial is a search for the truth using the rules of law. Therefore, the court will allow members of the jury to ask written questions of any witness called to testify in this case. You are not encouraged to ask questions because that is the responsibility of the attorneys. Nevertheless, if you believe that an important question has not been asked, or that an answer needs clarification, you may submit a question. Keep in mind that a witness scheduled to testify later in the trial may be the best person to answer that question.

A question may be asked in the following manner. Please write it down and pass the paper to the presiding judge. Copies will then immediately be made for counsel and the presiding judge. The presiding judge will privately confer with the attorneys at a convenient time and then decide if the question is appropriate under Nevada law.

If the question seeks factual information from the witness and is designed to clarify information about issues in this trial, the presiding judge or the attorneys may question the witness regarding the points raised in the juror question. No emphasis should be placed on the answer to the question merely because the question came from a juror.

If a question submitted by a juror is not asked, no adverse inference can be drawn. The question was simply not allowed under the Nevada Rules of Evidence and must be disregarded.

[Added; effective January 1, 2005.]

      Rule 25.  Jury instructions.  Standard jury instructions should be taken from the Nevada Pattern Civil Jury Instruction Booklet unless a particular instruction has been disapproved by the Nevada Supreme Court. Any proposed or agreed to additions to the jury instructions shall be included in the pretrial memorandum and ruled on by the presiding judge at the pretrial conference. All stipulated and proposed instructions must be presented to the presiding judge prior to trial under Rule 10. The presiding judge shall encourage limited jury instructions.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

V.  JUDGMENT

      Rule 26.  Entry of judgment.  Judgment shall be entered upon the short trial jury verdict form in a jury trial or upon a decision by the presiding judge in a trial to the bench, and the judgment, including any costs or attorney’s fees, shall be filed with the clerk. A decision of at least 3 of the 4 jurors is necessary to render a verdict for a 4-member jury, at least 5 of the 6 jurors for a 6-member jury, and at least 6 of the 8 jurors for an 8-member jury. A judgment arising out of the short trial program may not exceed $50,000 per plaintiff exclusive of attorney’s fees, costs and prejudgment interest, unless otherwise stipulated to by the parties. Jurors shall not be notified of this limitation. Where cases not subject to mandatory arbitration were brought into the short trial program, the parties may establish a different ceiling of recovery by stipulation.

[Added; effective July 6, 2000; amended effective March 14, 2007.]

      Rule 27.  Attorney’s fees, presiding judge’s fees and costs.

      (a)  Attorney’s fees, costs and interest for cases removed from the short trial program.  In cases removed from the short trial program pursuant to Rule 5, attorney’s fees, costs and interest shall be allowed as follows:

(1) The prevailing party at the trial following removal from the short trial program is entitled to all recoverable fees, costs, and interest pursuant to statute or N.R.C.P. 68.

(2) Exclusive of any award of fees and costs under subdivision (a)(1), a party is entitled to a separate award of reasonable attorney’s fees and costs as set forth in paragraphs (A) and (B) below. If both parties demanded removal from the short trial program, the provisions of N.A.R. 20(B)(2) apply in lieu of (A) and (B) below.

(A) Where the party who demanded removal from the short trial program fails to obtain a judgment that exceeds the arbitration award by at least 20 percent of the award, the nondemanding party is entitled to its reasonable attorney’s fees and costs associated with the proceedings following removal from the short trial program.

(B) Where the party who demanded removal from the short trial program fails to obtain a judgment that reduces by at least 20 percent the amount for which that party is liable under the arbitration award, the nondemanding party is entitled to its attorney’s fees and costs associated with the proceedings following removal from the short trial program.

      (b)  Attorney’s fees, presiding judge’s fees, costs and interest following short trial.  Attorney’s fees, presiding judge’s fees and costs shall be allowed following a short trial as follows:

(1) The prevailing party at the short trial is entitled to all recoverable fees, costs and interest pursuant to statute or N.R.C.P. 68.

(2) Exclusive of any award of fees and costs under subdivision (b)(1), a party is entitled to a separate award of fees and costs as set forth in N.A.R. 20(B)(2) in cases that enter the short trial program upon a request for trial de novo.

(3) The prevailing party at the short trial is also entitled to recover any fees and costs the party paid to the presiding judge.

(4) An award of fees under subsections (1) or (2) of this rule may not exceed a total of $3,000, unless the parties otherwise stipulate or the attorney’s compensation is governed by a written agreement between the parties allowing a greater award.

(5) Recovery of expert witness fees is limited to $500 per expert unless the parties stipulate to a higher amount.

[Added; effective July 6, 2000; amended effective August 17, 2009.]

      Rule 28.  Fees for presiding judge.

      (a)  Allowable fees.  Pro tempore judges shall be entitled to remuneration of $150 per hour, with a maximum per case of $1,500, unless otherwise stipulated.

      (b)  Itemized bill required.  To recover fees, the judge pro tempore must submit to the parties an itemized bill within 10 days of the verdict or judgment in a bench trial, or within 10 days of notice of removal of the case from the program by resolution or otherwise, whichever is earlier. The judge pro tempore shall indicate the advance deposits paid by the parties and adjust the amount requested accordingly.

      (c)  Payment.  The fees shall be paid equally by the parties unless otherwise stipulated. Any dispute regarding the requested fees must be filed within 5 days of the date that the judge pro tempore serves the itemized bill. The commissioner shall settle all disputes concerning the reasonableness or appropriateness of the fees. If a timely dispute to the itemized bill is not filed, the fees shall be paid within 10 days of the date that the judge pro tempore serves the itemized bill. If fees are disputed, the parties shall pay the costs as determined by the commissioner within 5 days from the commissioner’s decision.

      (d)  Exception for indigent party.  If one of the parties to the short trial is an indigent person who was exempted under NRS 12.015 from paying a filing fee, no fees for a short trial judge may be collected from any party to the short trial.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

      Rule 29.  Costs for presiding judge.

      (a)  Allowable costs.  Pro tempore judges are entitled to recover the costs, not to exceed $250, that the pro tempore judge reasonably incurs in presiding over an action within the short trial program. Costs recoverable by the pro tempore judge are limited to:

(1) Reasonable costs for facsimiles;

(2) Reasonable costs for photocopies;

(3) Reasonable costs for long distance telephone calls;

(4) Reasonable costs for postage;

(5) Reasonable costs for travel and lodging;

(6) Reasonable costs for secretarial services;

(7) Reasonable runner’s fees; and

(8) Reasonable e-filing fees.

      (b)  Itemized bill required.  To recover such costs, the presiding judge must submit to the parties an itemized bill of costs within 10 days of the verdict or judgment in a bench trial, or within 10 days of notice of removal of the case from the program by resolution or otherwise, whichever is earlier. The presiding judge shall indicate the advance deposits paid by the parties and adjust the amount requested accordingly.

      (c)  Disputes.  All disputes regarding the propriety of an item of costs must be filed with the commissioner within 5 days of the date that the presiding judge serves the bill reflecting the presiding judge’s costs. The commissioner shall settle all disputes concerning the reasonableness or appropriateness of the presiding judge’s costs. The parties shall pay the costs as determined by the commissioner within 5 days from the commissioner’s decision.

      (d)  Exception for indigent party.  If one of the parties to the short trial is an indigent person who was exempted under NRS 12.015 from paying a filing fee, the pro tempore judge may not collect costs from any party to the short trial.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 30.  Deposits; failure to pay.  Each party to a case within the short trial program shall deposit with the presiding judge, no later than 10 days after the mandatory discovery and settlement conference, $875 as an advance toward the presiding judge’s fees and costs, unless the presiding judge is a district judge, in which case no payment of judge’s costs or fees is required. If a party fails to pay the required advance, the district court shall, after giving appropriate notice and opportunity to be heard, hold the delinquent party in contempt and impose an appropriate sanction.

[Added; effective January 1, 2005; amended effective March 9, 2012.]

      Rule 31.  Allocation of fees and costs.

      (a)  Cases entered in short trial program by stipulation or following mediation.  For cases that are entered in the short trial program by stipulation of the parties or after unsuccessful participation in the mediation program, jurors fees, presiding judge’s fees and costs shall be borne equally by the parties subject to retaxation pursuant to Rule 27.

      (b)  Trial de novo cases.  For cases that enter the short trial program following the filing of a request for a trial de novo:

(1) Juror fees shall initially be borne by the party filing the request for trial de novo as provided in Rule 4(a)(1), subject to retaxation pursuant to Rule 27.

(2) Should the plaintiff requesting the trial de novo fail to obtain a judgment in the short trial program that exceeds the arbitration award, or should the defendant requesting the trial de novo fail to obtain a judgment that reduces the amount for which that party is liable under the arbitration award, all presiding judge’s fees and costs incurred while the case is in the short trial program shall become a taxable cost against and be paid by the party requesting the trial de novo. In comparing the arbitration award and the judgment, the presiding judge shall not include costs, presiding judge’s fees, attorney’s fees, and interest with respect to the amount of the award or judgment. If multiple parties are involved in the action, the presiding judge shall consider each party’s respective award and judgment in making the comparison between the arbitration award and the judgment.

[Added; effective July 6, 2000; amended effective March 9, 2012.]

      Rule 32.  Binding short trial.  Parties to cases in the short trial program may agree at any time that the results of the short trial are binding. If the parties agree to be bound by the results of the short trial, the procedures set forth in these rules governing direct appeals to the supreme court will not apply to the case.

[Added; effective January 1, 2005.]

VI.  APPEALS

      Rule 33.  Direct appeal of final judgment.  Any party to a case within the short trial program shall have a right to file a direct appeal of the final judgment to the supreme court under the provisions of the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure. Any party who has failed to pay the presiding judge’s fees and/or costs in accordance with Rules 28 and 29 shall be deemed to have waived the right to appeal.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

VII.  GENERAL PROVISIONS

      Rule 34.  Support personnel.  Short trials shall not require a bailiff or court clerk, but, on the day of the trial, the court administrator or designated representative shall be responsible for providing the panel of jurors for a short jury trial.

[Added; effective July 6, 2000; amended effective January 1, 2005.]

      Rule 35.  Citations to rules.  These rules may be known and cited as the Nevada Short Trial Rules, or abbreviated N.S.T.R.

[Added; effective January 1, 2005.]

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.  TITLE

      These rules may be known and cited as the Nevada Rules of Civil Procedure, or abbreviated N.R.C.P.

Nevada Rules of Civil Procedure

RULE 33.  INTERROGATORIES TO PARTIES

      (a) Availability.  Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26(b)(2). Without leave of court or written stipulation, interrogatories may not be served before the time specified in Rule 26(a).

      [As amended; effective January 1, 2005.]

      (b) Answers and Objections.

              (1) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party.

              (2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

             (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories. A short or longer time may be directed by the court or in the absence of such an order, agreed to in writing by the parties subject to Rule 29.

              (4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown.

              (5) The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

      [As amended; effective January 1, 2005.]

      (c) Scope; Use at Trial.  Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence.

       An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

      [As amended; effective January 1, 2005.]

      (d) Option to Produce Business Records.  Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

(January 2017)

I.     SCOPE OF RULES—ONE FORM OF ACTION

NRCP 1 – SCOPE OF RULES
NRCP 2 – ONE FORM OF ACTION

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

Nevada Rules of Civil Procedure

Form 33.  Consent to Service by Electronic Means Under Rule 5

       The undersigned party hereby consents to service of documents under Rule 5(a) by electronic means as designated below in accordance with Rule 5(b)(2)(D).

 Party name(s):

______________________________________________________________

______________________________________________________________

 Documents served by electronic means must be transmitted to the following person(s):

______________________________________________________________

______________________________________________________________

 Facsimile transmission to the following facsimile number(s):

______________________________________________________________

______________________________________________________________

 Electronic mail to the following e-mail address(es):

______________________________________________________________

______________________________________________________________

 Attachments to e-mail must be in the following format(s):

______________________________________________________________

______________________________________________________________

       The undersigned party also acknowledges that this consent does not require service by the specified means unless the serving party elects to serve by that means.

      Dated this __________ day of _______________, 20_____.

                                                                     Signed:  ______________________________,

                                                                                     Attorney for Consenting Party

                                                                    Address: ____________________________

                                                                   Telephone: ____________________________

                                                                   Fax number: ____________________________

                                                                   E-mail address: ____________________________

       [Added; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 32.  Judgment on Decision by the Court

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Judgment

C.D., Defendant                             }

      This action came on for [trial] [hearing] before the Court, Honorable John Marshall, District Judge, presiding, and the issues having been duly [tried] [heard] and a decision having been duly rendered,

      It Is Ordered and Adjudged

      [that the plaintiff A. B. recover of the defendant C. D. the sum of __________, with interest thereon at the rate of __________ per cent as provided by law, and his costs of action.]

      [that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.]

      Dated at __________, Nevada, this _____ day of __________, 20_____.

                                                                                  ______________________________

                                                                         District Judge

      [Added; effective March 16, 1964.]

Nevada Rules of Civil Procedure

Form 31.  Judgment on Jury Verdict

(Title of Court)

                                                                                Civil Action, File Number __________

A.B., Plaintiff                                 }

        v.                                               }        Judgment

C.D., Defendant                             }

      This action came on for trial before the Court and a jury, Honorable John Marshall, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict,

      It Is Ordered and Adjudged

      [that the plaintiff A. B. recover of the defendant C. D. the sum of __________, with interest thereon at the rate of __________ per cent as provided by law, and his costs of action.]

      [that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.]

      Dated this __________ day of _______________, 20_____.

                                                                                  ______________________________

                                                                         District Judge

      [Added; effective April 15, 1964; Amended effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 30.  Suggestion of Death Upon the Record Under Rule 25(a)(1)

       A. B. [describe as a party, or as executor, administrator, or other representative or successor of C. D., the deceased party] suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. [describe as party] during the pendency of this action.

Nevada Rules of Civil Procedure

Form 26.  Allegation of Reason for Omitting Party

       When it is necessary, under Rule 19(c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:

       John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court].

Nevada Rules of Civil Procedure

Form 25.  Request for Admission Under Rule 36

       Plaintiff A. B. requests defendant C. D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:

       1.  That each of the following documents, exhibited with this request, is genuine.

       (Here list the documents and describe each document.)

       2.  That each of the following statements is true.

       (Here list the statements.)

                                                                   Signed: _____________________________

                                                                         Attorney for Plaintiff

                                                                Address: _____________________________

Nevada Rules of Civil Procedure

 Form 24.  Request for Production of Documents, Etc., Under Rule 34

      Plaintiff A. B. requests defendant C. D. to respond within _______ days to the following requests:

       (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents:

       (Here list the documents either individually or by category and describe each of them.)

       (Here state the time, place, and manner of making the inspection and performance of any related acts.)

       (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects:

       (Here list the objects either individually or by category and describe each of them.)

       (Here state the time, place, and manner of making the inspection and performance of any related acts.)

       (3) That defendant permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph, test or sample (here describe the portion of the real property and the objects to be inspected).

      (Here state the time, place, and manner of making the inspection and performance of any related acts.)

                                                                   Signed: _____________________________

                                                                         Attorney for Plaintiff

                                                                Address: _____________________________

      [As amended; effective September 27, 1971.]

Nevada Rules of Civil Procedure

Form 23.  Motion to Intervene as a Defendant Under Rule 24

(Title of Court)

                                                                                Civil Action, File Number __________

A. B., Plaintiff                                }

        v.                                               }        Motion to Intervene as a Defendant

C. D., Defendant                            }

E. F., Applicant for Intervention }

      E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that __________ and as such has a defense to plaintiff’s claim presenting both questions of law and of fact which are common to the main action.2

                                                             Signed: ________________________________

                                                                    Attorney for E. F., Applicant for Intervention

                                                          Address: ________________________________

_______________________

      2For other grounds of intervention, either of right or in the discretion of the court, see Rule 24(a) and (b).

 

Notice of Motion

(Contents the same as in Form 19)

(Title of Court)

                                                                                Civil Action, File Number __________

A. B., Plaintiff                                }

        v.                                               }        Intervener’s Answer

C. D., Defendant                            }

E. F., Intervener                             }

First Defense

      Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert the

Second Defense

      (Set forth defenses.)

                                                                   Signed: _____________________________

                                                                         Attorney for E. F., Intervention

                                                                Address: _____________________________

Nevada Rules of Civil Procedure

Form 22-B.  Motion to Bring in Third-Party Defendant

       Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and third-party complaint, copies of which are hereto attached as Exhibit X.

                                                                   Signed: _____________________________

                                                                         Attorney for Defendant C. D.

                                                                Address: _____________________________

 Notice of Motion

       (Contents the same as in Form 19. The notice should be addressed to all parties to the action.)

Exhibit X

      (Contents the same as in Form 22-A.)

      [Added; effective March 16, 1964.]

Nevada Rules of Civil Procedure

Form 22-A.  Summons and Complaint Against Third-Party Defendant

(Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Summons

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

To the above-named Third-Party Defendant:

       You are hereby summoned and required to serve upon __________, plaintiff’s attorney whose address is __________, and upon __________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

                                                                                 ______________________________

                                                                      Clerk of Court

 [Seal of the District Court]

 Dated _______________

 (Title of Court)

                                                                                 Civil Action, File Number __________

 A. B., Plaintiff                                }

        v.                                               }

C. D., Defendant and                    }        Third-Party Complaint

Third-Party Plaintiff                      }

        v.                                               }

E. F., Third-Party Defendant       }

       1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as “Exhibit A.”

       2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.)

       Wherefore C. D. demands judgment against third-party defendant E. F. for all sums1 that may be adjudged against defendant C. D. in favor of plaintiff A. B.

                                                                    Signed: _____________________________

                                                                         Attorney for C. D., Third-Party Plaintiff

                                                                 Address: _____________________________

      [Added; effective March 16, 1964.]

_______________________

      1Make appropriate change where C. D. is entitled to only partial recovery-over against E. F.

Nevada Rules of Civil Procedure

Form 21.  Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader

Defense

      Defendant denies the allegations stated to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

      1. Defendant received the sum of ten thousand dollars as a deposit from E. F.

       2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F.

       3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

       Wherefore defendant demands:

       (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.1

       (2) That the court order the plaintiff and E. F. to interplead their respective claims.

       (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money.

       (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

       (5) That the court award to the defendant its costs and attorney’s fees.

_______________________

      1Rule 13(h) provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants.

Nevada Rules of Civil Procedure

Form 20.  Answer Presenting Defenses Under Rule 12(b)

First Defense

      The complaint fails to state a claim against defendant upon which relief can be granted.

Second Defense

      If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party.

Third Defense

      Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

Fourth Defense

      The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.

Counterclaim

      (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

Cross-Claim Against Defendant M. N.

      (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)

      NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.

      The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action.

      The third defense is an answer on the merits.

      The fourth defense is one of the affirmative defenses provided for in Rule 8(c).

      The answer also includes a counterclaim and a cross-claim.

Nevada Rules of Civil Procedure

Form 19.  Motion to Dismiss, Presenting Defense of Failure to State a Claim

       The defendant moves the court as follows:

       1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

                                                                      Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                   Address: _____________________________

                                                                  Telephone: _____________________________

Notice of Motion

  To: ____________________

         Attorney for Plaintiff

       Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the June 23, 2017, at [time set for hearing] or as soon thereafter as counsel can be heard.

                                                                   Signed: _____________________________

                                                                                     Attorney for Defendant

                                                                  Address: _____________________________

                                                                  Telephone: _____________________________

      NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance.

       [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

Form 18.  Complaint for Interpleader and Declaratory Relief

       1. On or about June 1, 1935, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1936, and annually thereafter as a condition precedent to its continuance in force.

       2. No part of the premiums due June 1, 1936, was ever paid and the policy ceased to have any force or effect on July 1, 1936.

       3. Thereafter, on September 1, 1936, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding.

       4. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L.

       5. Each of defendants, C. D., E. F., and X. Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.

       6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H.

       Wherefore plaintiff demands that the court adjudge:

       (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.

       (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.

       (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.

       (4) That plaintiff recover its costs.

Nevada Rules of Civil Procedure

Form 14.  Complaint for Negligence Under Federal Employers’ Liability Act

      1. Allegation of jurisdiction.

      2. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at __________ and known as Tunnel No. __________.

      3. On or about June 1, 1936, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

      4. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

      5. By reason of defendant’s negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant’s orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff’s injuries).

      6. Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning and actually earning __________ dollars per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of __________ dollars for medicine, medical attendance, and hospitalization.

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

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 sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate.

Nevada Rules of Civil Procedure

RULE 83.  RULES BY DISTRICT COURTS

      Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court, but shall not become effective until 60 days after approval by the Supreme Court and publication or as otherwise ordered by the Supreme Court. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.

      [As amended; effective January 1, 2005.]

Nevada Rules of Civil Procedure

RULE 82.  JURISDICTION AND VENUE UNAFFECTED

      These rules shall not be construed to extend or limit the jurisdiction of the district courts or the venue of actions therein.

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