Nevada Litigation Toolbox

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The Litigation Toolbox

The Litigation Toolbox

I am a Nevada business litigator, arbitrator, and mediator with experience litigating thousands of disputes as a litigator, arbitrator, Judge Pro Tem, and Special Master. This Litigation Toolbox is designed to assist those involved in litigation in Nevada state or federal courts to navigate the process. My aim is for this Toolbox to be a knowledge resource center for litigants and advocates, and for those trying to understand the process better.  Please feel free to reach out to me if there are resources that should be added to this Toolbox.

RULES & COURT INFORMATION

2019 Nevada Rules of Civil Procedure (NRCP)
The Changes Coming to the Nevada Rules of Civil Procedure:  An Overview
The Rules of the Game: Comprehensive Amendments to the Nevada Rules of Civil Procedure
Due Dates and Deadlines Under the 2019 Nevada Rules of Civil Procedure
Official Form 2. Rule 4.1 Waiver of Service of Summons
Official Form 3. Consent to Service by Electronic Means Under Rule 5
What Can Nevada State Court Attorneys Learn About Proportionality From Federal Court Decisions?

Nevada Short Trial Rules

Rules Governing Alternative Dispute Resolution

Nevada Alternate Trial Rules

Nevada Electronic Filing and Conversion Rules

Justice Court Rules of Civil Procedure

Local Rules of Practice for the Justice Court of Las Vegas Township

Local Rules of Practice for the Justice Court of North Las Vegas Township

Local Rules of Practice for the Justice Court of Reno Township

Local Rules of Practice for the Rural Justice Courts in the State of Nevada

Rules of the District Court of the State of Nevada

Local Rules of Practice for First Judicial District Court

Local Rules of Practice for the Second Judicial District Court

Criminal Rules of Practice for the Second Judicial District Court

Local Rules of Practice for the Third Judicial District Court

Local Rules of Practice for the Fourth Judicial District Court

Local Rules of Practice for the Seventh Judicial District Court

Local Rules of Practice for the Eighth Judicial District Court

Local Rules of Practice for the Ninth Judicial District Court

Local Rules of Practice for the Tenth Judicial District Court

Nevada Rules of Appellate Procedure

Supreme Court Rules

Nevada Code of Judicial Conduct

Rules Governing Sealing and Redacting Court Records

Rules Governing the Standing Committee on Judicial Ethics

Rules Governing Appearance by Audiovisual Transmission Equipment

Rules Governing the Collection of Fees and Charges

Rules Pertaining to Exhibits Marked and/or Admitted Into Evidence

Addendum (Policies and Procedures of the Board of Bar Examiners and the Moral Character and Fitness Committee)

Nevada Rules of Professional Conduct

Nevada Rules on the Administrative Docket

Minimum Records of Retention

Policy for Handling Filed, Lodged, and Presumptively Confidential Documents

Foreclosure Mediation Rules

United States District Court – District of Nevada

United States Court of Appeals for the Ninth Circuit

Nevada Supreme Court
Nevada Supreme Court Library
Eighth Judicial District Court Blog
Federal Rules of Civil Procedure
Federal Rules of Evidence
SCOTUSBlog

IMPORTANT STATUTES

Nevada Revised Statutes
Statutory Interpretation by Nevada Courts
Disputable Presumptions in Nevada Law
Receiver Statute:  NRS Chapter 32
Injunctions:  NRS Chapter 33
Private Corporations: NRS Chapter 78 
Trade Secrets, Misappropriation of; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Nevada Revised Statutes, Chapter 38 (Uniform Arbitration Act of 2000)
Nevada Statutes of Limitation

PLEADINGS

To Sue or Not to Sue
Nevada State Court Litigation Checklist
Know the Elements of that Cause of Action
Commencing a Federal Lawsuit Drafting the Complaint
Complaint Drafting Checklist
Plaintiff’s Pleadings: Pitfalls to Avoid When Drafting the Complaint, by Wayne N. Outten and Jack A. Raisner
Formatting Checklist for a Class Action Complaint, by Annie S. Amaral
Drafting the Complaint, by Jeffrey S. Gutman
Sample Jurisdictional Statements Under NRCP 8
What Should You Do If You Have Been Sued?
Model Nevada Affirmative Defenses
An Associate’s Answer Checklist
Attorney Fees, Pleading as Special Damages
Rule 12(f) Motion to Strike Complaint
Nevada Statutes of Limitation
Nevada Statutes of Limitation and the Discovery Rule

DISCOVERY

What Can Nevada Attorneys Learn about Proportionality From Federal Caselaw?
Complying with the Meet and Confer Requirement in Nevada Discovery Disputes
Can the Confidential Documents of a Non-Party be Subpoenaed?
Rule 45 Requires That a Party Imposing an Undue Financial Burden on a Third Party Must Reimburse its Costs
Sample Objections to Written Discovery
Responding to Discovery “Subject to” Objections
Piggyback Discovery Requests: “Produce All Documents Produced in Prior Litigation”
Expert Witness Depositions, by Rebecca Sitterly
Ask for a Break in a Deposition in Nevada and You Waive the Attorney-Client Privilege
Practice Pointer: How to Conclude a Deposition While Avoiding Later Attempts to Change Testimony
Can a Party to Litigation Object to a Subpoena Issued to a Non-Party Witness for Documents?
Complying with the Meet and Confer Requirement in Nevada Discovery Disputes
A Subpoena Seeking Documents from a Third Party That Could be Obtained from a Party is Unduly Burdensome
A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition)
Can the Confidential Documents of a Non-Party be Subpoenaed?
A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition)
Objecting to Discovery Commissioner’s Report
Getting a Motion Filed with the Discovery Commissioner
Beware of Taking a Break During a Deposition in Nevada
Discovery Commissioner’s Opinion #11 (April 2003) – Olivarez v Rebel Oil Co.
Discovery Commissioner’s Opinion #10 (November 2001) – Alboum v. Koe, M.D., et al.
Discovery Commissioner’s Opinion #9 (June 1992) – Legardy v. Las Vegas Metro. Police Dept.
Discovery Commissioner’s Opinion #8 (September 1990) – Houk v. Wet ‘N Wild
Discovery Commissioner’s Opinion #7 (July 1990) – Amer. Cas. v. Hotel and Rest. Emp. and Bartenders Int’l Union Welfare Fund, et al.
Discovery Commissioner’s Opinion #6 (July 1989) – Wilburn v. Caterpillar
Discovery Commissioner’s Opinion #5 (March 1989) – Mitchell v. Simkins
Discovery Commissioner’s Opinion #4 (March 1989) – Assoc., Capital Serv. v. Ponderosa Lawn Servi.
Discovery Commissioner’s Opinion #3 (August 1988) – Dillon v. Brown
Discovery Commissioner’s Opinion #2 (August 1988) – Grassinger v. Trudel
Discovery Commissioner’s Opinion #1 (June 1988) – Moyns v. Creviston
See the excellent Compelling Discovery Blog by Michael Lowry here

PRACTICAL KNOWLEDGE DATABASE

Black’s Law Dictionary
Nevada State Court Litigation Checklist (2nd Edition)
A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition)
A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition)
How Do I Respond to A Subpoena in Nevada?
Parol Evidence Rule
Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Obtaining an Injunction Against Non-Signatories
Appointment Of A Receiver
Nevada Contract Outline With Caselaw
Nevada Contract Law: A Digest
Nevada Statutes of Limitation and the Discovery Rule
5 Things to Consider Before Signing The Contract
Is An Electronic Signature (E-Signature) On A Contract Valid In Nevada?
Are Oral Contracts Enforceable?
Can a Minor Enforce a Contract?
Punitive Damages in Federal Court
Nevada Punitive Damages
Usury in Nevada
Libel and Slander: What You Need to Know
Joint Defense Agreement
Practice Pointer: How to use an Adverse Witness to Help Your Case

APPEALS

Writs of Mandamus and Prohibition in Nevada
Writ Petition for Denial of Motion to Dismiss in Nevada
Nevada Standards of Review on Appeal
Rule 54(b) — A Primer
How to Lose an Appeal in the 9th Circuit

PRACTICE POINTERS

How to Collect on a Judgment
Charging Orders: Post-Judgment Remedy
Judgment Interest Calculator
Judgment Debtor Exams
Impeaching a Witness With Prior Testimony:  A How-To Guide
Methods for Impeaching a Witness with Prior Testimony While Keeping Them From Quibbling About It
What Constitutes Admissible Evidence Under Rule 56?
The Secrets of Superstar Associates
Writing Tips for the Transactional Attorney
The Legal Writing Habit Judges Say They Can’t Stand

JURY INSTRUCTIONS

8th Judicial District Court Official Jury Instructions
Nevada Jury Instructions
Ninth Circuit Civil Jury Instructions

OFFICIAL FORMS

Nevada Forms

Abandoned Vehicle
Nevada Commission on Judicial Discipline
Nevada Real Estate Division
Nevada Supreme Court – Appellate Practice Forms
Nevada Supreme Court Law Library

Clark County

Application for Child Support

Application to Proceed In Forma Pauperis and Order

Arbitration Forms

Assessor Forms

Bad Check Unit

Business License Forms

Clark County Lobbyist Registration Statement

Civil Cover Sheet

Civil-Criminal Forms Library

Civil Law Self-Help Center Forms

Code Enforcement and Graffiti Complaints

Discovery Forms Library

District Attorney

Mediation Forms Library

Opposition to Motion for Summary Judgment

Petition for Judicial Review – NRS 130-150

Probate Forms Library

Sealing Records

Short Trial Program Forms Library

Specialty Court Application Form

8th Judicial District Court

Audio/Visual Appearance Request Instructions
Civil/Criminal/Probate Forms
Family Forms
Arbitration Forms Library
Discovery Forms Library
Sample Interrogatories/Sample Requests for Production
Probate Forms Library
Family Law Self-Help Center Forms

Confidentiality Packets
NRS 250 Packet
SB 79 (NRS 247 and 250) Packet
SB 79 (NRS 247 250 and 293) Packet
Clark County Recorder’s Office Instructions – SB 79 Confidential Information
FAQs Regarding Confidential Information

Cover Sheets
Civil
Family

Las Vegas Justice Court Forms

ADA Form
Attorney Contact Information Form
Civil Forms
Copy & Research Request – Criminal
Criminal Forms
Eviction Forms
Fee Waiver
Media Requests
Neighborhood Justice Center – Request for Mediation Form
Protective Order Forms
Records Request Form
Small Claims Forms
Traffic Forms

Justice Court Forms

Boulder City Township Justice Court
Bunkerville Township Justice Court
Goodsprings Township Justice Court
Henderson Justice Court
Laughlin Township Justice Court
Mesquite Township Justice Court
Moapa Township Justice Court
North Las Vegas Justice Court
Searchlight Township Justice Court

Municipal Court Forms
Henderson Municipal Court
Henderson Sealing Records Booklet
North Las Vegas Municipal Court

Constables
Boulder City Township Constable
Henderson Township Constable
Las Vegas Township Constable
Mesquite Township Constable
North Las Vegas Township Constable

Legal Aid Center of Southern Nevada Brochures

General Brochure
General Brochure (Spanish)
Attachment and Garnishment
Bankruptcy Basics
Car Repairs
Car Repairs (Spanish)
Civil Law Self-Help Center
Civil Law Self-Help Center (Spanish)
Collection Proof
Custody
Deaf/Hard of Hearing Bill of Rights
Debt Collection
Divorce
Family Law Self-Help Center (Spanish)
How to Buy a Used Car
Know Your Rights – (Korean)
Know Your Rights (Spanish)
Name Change/Gender Marker
Payday Loans and Title Loans
Protection Order
Social Security
Special Education (Spanish)

RESOURCES TO ASSIST IN UNDERSTANDING THE RULES OF CIVIL PROCEDURE

Nevada State Court Civil Litigation Checklist (2nd Edition)
A Litigator’s Guide to Nevada Evidentiary Objections (2nd Edition)
A Litigator’s Guide to Nevada Rules of Evidence (2nd Edition)
Federal Court Civil Litigation Checklist
A Litigator’s Guide to Federal Evidentiary Objections
A Litigator’s Guide to Federal Rules of Evidence
The Self-Help Guide to Federal Court Civil Litigation
The Self-Help Guide to Federal Evidentiary Objections
The Self-Help Guide to Federal Rules of Evidence

NEVADA CAUSES OF ACTION, ELEMENTS OF CLAIMS, REMEDIES, THEORIES OF LIABILITY, AND DEFENSES

These posts do not constitute legal counsel.  No guarantee is given that the law is as stated in these posts, as the law is constantly changing.  This is meant to be a resource to allow you to become familiar with Nevada causes of action. Before relying on any post below, you should conduct your own research or seek competent counsel.

A

Abuse of Process
Abuse/Exploitation of Elderly
Accord and Satisfaction
Accounting, a Remedy
Agent, Negligence of
Aiding and Abetting
Aiding and Abetting Another’s Breach of a Fiduciary Duty
Alter Ego; Piercing the Corporate Veil
Anticipatory Repudiation
Appointment of A Receiver
Appropriation of the Name or Likeness of Another; Invasion of Privacy
Assault
Attorney Fees, Pleading as Special Damages

B

Bad Faith; Breach of the Covenant of Good Faith and Fair Dealing—Contract
Bad Faith Discharge; Wrongful Termination; Tortious Discharge
Bailment; Negligent Entrustment
Battery
Breach of Confidential Relationship
Breach of Contract
Breach of Duty of Loyalty
Breach of Express Warranty
Breach of Fiduciary Duty
Breach of Fiduciary Duty; Aiding and Abetting Another’s
Breach of Fiduciary Duty; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine
Breach of Implied Warranty of Merchantability
Breach of the Covenant of Good Faith and Fair Dealing—Contract
Breach of the Covenant of Good Faith and Fair Dealing—Tort
Breach of the Covenant Not To Compete; Anti-Competition Covenant; Restrictive Covenant
Breach of the Implied Warranty of Habitability
Breach of Warranty of Fitness for a Particular Purpose
Business Disparagement
Business Judgment Rule

C

Civil Conspiracy
Comparative Negligence
Compete, Breach of the Covenant Not To; Anti-Competition Covenant; Restrictive Covenant
Competition, Unfair; Lanham Act Violation; False Designation of Origin, Description, and Dilution
Concert of Action
Constructive Discharge; Tortious Discharge; Wrongful Discharge
Constructive Fraud
Constructive Trust
Contract: Specific Performance; a Remedy
Contract Ambiguity; Contra Proferentem; The Ambiguity Doctrine
Contract Construction and Interpretation by Courts
Contract Damages Analysis
Contract Elements: Offer
Contract Elements: Acceptance
Contract Elements: Consideration
Contract Repudiation; Anticipatory Repudiation
Contract Unconscionability
Conversion (Theft)
Corporate Opportunity Doctrine; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity
Covenant of Good Faith and Fair Dealing—Contract; Breach of
Covenant of Good Faith and Fair Dealing—Tort; Breach of

D

Death, Wrongful
Deceptive Trade Practices Act
Declaratory Relief
Defamation
Defamation; Business Disparagement
Defamation by Libel
Defamation by Slander
Defamation Per Se
Defect, Strict Product Liability
Defect, Strict Product Liability (with caselaw)
Deficiency Judgment
Discharge, Bad Faith; Wrongful Termination; Tortious Discharge
Discharge, Tortious; Constructive Discharge; Wrongful Discharge
Discrimination, Employment
Discrimination, Employment; Retaliatory Discharge; Wrongful Termination
Disgorgement of Profits; a Remedy
Disparagement of a Business
Disputable Presumptions

E

Elder Abuse or Exploitation
Election of Remedies
Emotional Distress, Intentional Infliction of; Tort of Outrage
Emotional Distress, Negligent Infliction of
Employment; Negligent Hiring, Retention, and Supervision
Employment; Tortious Discharge; Constructive Discharge; Wrongful Discharge
Employment Discrimination
Employment Discrimination; Retaliatory Discharge; Wrongful Termination
Equitable Estoppel; Promissory Estoppel
Equitable Liens
Exploitation of the Elderly; Elder Abuse

F

False Advertising; Lanham Act Violation; Unfair Competition
False ImprisonmentFalse Designation of Origin, Description, and Dilution; Lanham Act Violation; Unfair Competition
False Light, Disclosure of; Invasion of Privacy
Fraud (Intentional Misrepresentation)
Fraud; Promise Without Intent To Perform
Fraud, Constructive
Fraud In The Inducement
Fraudulent Concealment
Fraudulent Transfer

G

Good Faith and Fair Dealing—Contract; Breach of Covenant of  
Good Faith and Fair Dealing—Tort; Breach of Covenant of
Gross Negligence

H

I

Imprisonment, False
Indemnity
Infliction of Emotional Distress, Intentional; Tort of Outrage
Infliction of Emotional Distress, Negligent
Injunctions:  NRS Chapter 33
Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Intentional Misrepresentation (Fraud)
Interference With Contractual Relations
Interference With Prospective Economic Advantage or Prospective Contractual Relationship
Intrusion Upon the Seclusion of Another; Invasion of Privacy
Invasion of Privacy Through Disclosure of False Light
Invasion of the Right of Publicity; Appropriation of the Name or Likeness of Another

J

Jury Instructions (Nevada Claims Elements)

K

L

Laches; a Defense
Lanham Act Violation; False Advertising; Unfair Competition
Lanham Act Violation; False Designation of Origin, Description, and Dilution; Unfair Competition
Libel
Libel Per Se
Lien, Equitable
Liquidated Damages; A Remedy
Lis Pendens
Loyalty, Breach of the Duty of; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine

M

Malicious Prosecution
Malpractice; Professional Negligence
Merchantability; Breach of Implied Warranty of
Misappropriation of Trade Secrets; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Mistake, Mutual; a Defense
Mistake, Unilateral; a Defense
Misrepresentation, Intentional (Fraud)
Misrepresentation, Negligent
Misrepresentation, Negligent (With Caselaw)
Mitigation of Damages; a Defense
Mutual Mistake; a Defense

N

Negligence
Negligence, Comparative
Negligence, Gross
Negligence of Agent/Agency Relationship
Negligence Per Se
Negligent Entrustment; Bailment
Negligent Hiring, Retention, and Supervision
Negligent Infliction of Emotional Distress
Negligent Misrepresentation
Negligent Misrepresentation (With Caselaw)
Nuisance

O

P

Parol Evidence Rule
Per Se Defamation
Per Se Negligence
Premises Liability
Presumptions, Disputable
Privacy, Invasion of; Disclosure of False Light
Privacy, Invasion of; Intrusion Upon the Seclusion of Another
Process, Abuse of
Product Defect Liability
Product Defect Liability (with caselaw)
Professional Negligence (Malpractice)
Profits, Disgorgement of; a Remedy
Promissory Estoppel; Equitable Estoppel
Prosecution, Malicious
Publicity, Invasion of the Right of; Appropriation of the Name or Likeness of Another
Punitive Damages

Q

Quantum Meruit; Quasi Contract; Unjust Enrichment;
Quiet Title

R

Racketeering Influenced and Corrupt Organizations Act (RICO)
Receiver, Appointment of
Receiver Statute:  NRS Chapter 32
Repudiation, Anticipatory
Res Ipsa Loquitur
Rescission, a Remedy
Restraining Orders: Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Respondeat Superior; Vicarious Liability
Retaliatory Discharge, Employment Discrimination, Wrongful Termination
RICO (Racketeering Influenced and Corrupt Organizations Act)

S

Slander
Slander of Title
Specific Performance; a Remedy
Statutes of Limitation
Strict Product Liability
Strict Product Liability (with caselaw)

T

Theft; Conversion
Title, Slander of
Tortious Discharge; Wrongful Termination; Bad Faith Discharge
Trade Secrets, Misappropriation of; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Trademark Infringement
Trespass
Trust, Constructive

 U

Unclean Hands; a Defense
Unfair Competition; False Advertising; Lanham Act Violation
Unfair Competition; False Designation of Origin, Description, and Dilution; Lanham Act Violation
Uniform Trade Secrets Act Violation; NRS Chapter 600A; Misappropriation of Trade Secrets
Unilateral Mistake; a Defense
Unjust Enrichment; Quantum Meruit; Quasi Contract
Usury in Nevada
Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine; Breach of the Duty of Loyalty

V

Vicarious Liability; Respondeat Superior

W

Waiver; a Defense
Warranty, Breach of Express
Warranty of Fitness for a Particular Purpose, Breach of
Warranty of Habitability, Breach of the Implied
Warranty of Merchantability; Breach of
Waste
Wrongful Death
Wrongful Discharge; Tortious Discharge; Constructive Discharge
Wrongful Termination; Bad Faith Discharge; Tortious Discharge
Wrongful Termination; Retaliatory Discharge, Employment Discrimination

X

Y

Z

About the Author

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

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

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. Please see http://nevadalaw.info/disclaimer

 

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