Category Archives: Civil Bench Bar
December 13, 2021 December 14 Civil Bench-Bar meeting promises to enlighten and entertain attorneys who attend
The December 14 Civil Bench-Bar meeting for lawyers at noon promises to be filled with good information and a little bit of fun too. Chief Judge Linda Marie Bell will give an important update on the latest developments that will impact attorneys practicing in the Eighth.
Civil Presiding Judge Nancy Allf will also offer up some useful information that will help lawyers navigate the upcoming months.
Judge Jerry Wiese will get participants up to speed on the Med Mal Sweeps for this year.
There will also be a very special lawyers’ and judges’ wish-list roundtable discussion (think “grown-up Christmas list” for lawyers). Input can be given on a variety of topics including:
What would make practice easier in 2022?
What do you wish for colleagues in the holiday season & New Year?
Please submit your suggestions to EJDCBenchBar@gmail.com for discussion questions!
Appellate case summaries will also be provided as written summaries.
The meeting will wrap up with an announcement of the Ugly Holiday Sweater Photo Contest winners. Contestants do not have to be wearing ugly sweater at the time of the Bench Bar meeting. Simply snap a photo while at another holiday soiree and submit it before Dec 13 at 5:30 to EJDCBenchBar@gmail.com. The top three favorites will receive bragging rights and gift cards.
Email EJDCBenchBar@gmail.com to get the Zoom information to attend the meeting online.
Tags: Civil Bench Bar, Civil Bench-Bar Meeting, Clark County Civil Bench Bar, Eighth Judicial District Court of Nevada, EJDC Civil Bench-Bar Meeting, Judge Gloria Sturman, Judge Linda Bell, Judge Nancy Allf, Las Vegas Civil law, Las Vegas courts, Las Vegas legal, Las Vegas Legal Community, Legal Education, Linda Marie Bell
November 29, 2021 Tis the season for a holly jolly virtual Civil Bench-Bar meeting
Lawyers, mark your calendars for the Dec. 14 Civil Bench-Bar meeting at noon on Zoom. Bench-Bar meetings are a great way to learn the latest developments in District Court and to get related questions answered.
The meeting will include and ugly sweater photo contest.
The top three favorites will receive $50 gift cards!
To be entered in the contest, snap a photo of yourself in holiday apparel and submit it
to the Bench-Bar email EJDCBenchBar@gmail.com anytime before Monday,
December 13, 2021 at 5:30 p.m. The photos will be presented in a slide-show during
the meeting; so, keep it fun and keep it legal.
Attorneys can email EJDCBenchBar@gmail.com to get the Zoom information for the meeting.
Tags: Civil Bench Bar, Clark County Civil Bench Bar, Clark County Courts, Eighth Judicial District Court, Judge Nancy Allf, Las Vegas Court, Las Vegas courts, Nevada Court, Nevada Eighth Judicial District Court
October 18, 2021 Civil Bench-Bar Meeting this Tuesday will offer latest information on developments in District Court Civil Division
The Civil Bench-Bar meeting on October 19 at noon, will give lawyers in civil practice the latest news on new developments in the Eighth Judicial District Court. Chief Judge Linda Marie Bell and Civil Presiding Judge Nancy Allf will provide updates on important information for civil attorneys trying to keep up with the many recent changes. Attorneys who would like to receive the Agenda/Link should e-mail EJDCBenchBar@gmail.com
The State Bar Young Lawyer Section will also offer a mini presentation from State Bar Convention on Helping Young Lawyers Succeed. The presentation has been approved by the Nevada CLE Board for a half-hour substance abuse credit.
For attendance credit, please email Ismail Amin at iamin@talglaw.com with your name and bar number after the meeting concludes. (Note: if a group logs in through one connection please provide names of all attorneys present.)
Tags: Eighth Judicial District Court, Eighth Judicial District Court of Nevada, EJDC, EJDC Civil Bench-Bar, EJDC Civil Bench-Bar Meeting, Helping Young Lawyers, Judge Linda Bell, Judge Nancy Allf, Las Vegas Law, LasVegas civil Law, Nevada Court, Nevada Eighth Judicial District Court, Nevada State Bar Young Lawyer Section
July 14, 2021 Special Civil Bench-Bar Via Zoom to take up hot topic of Proposed Amendment of Alternative Dispute Rules
Civil attorneys in the know won’t want to miss the upcoming July 20 noon Civil Bench-Bar. The meeting is expected to be a scorcher with a panel discussion on the proposed amendment of Alternative Dispute Rules. Attending lawyers won’t have to brave the searing heat outside though, they can simply join from the air conditioned comfort of wherever they are that has access to a computer with Internet and Zoom.
Representatives from the Nevada Justice Association, Las Vegas Defense Attorneys and the State Bar of Nevada will make an appearances as well as Alternative Dispute Resolution Commissioners Erin Truman and Jay Young.
Civil attorneys who would like to log onto the July 20 Civil Bench-Bar via Zoom should email DenmanL@clarkcountycourts.us to get the login information and the agenda.
Proposed amendment of Alternative Dispute Rules
http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=60760
Tags: Erin Truman, Jay Young, Nevada Proposed amendment of Alternative Dispute Rules
May 14, 2021 Civil Bench-Bar gives lawyers a roadmap as court moves full speed ahead
If you’re a civil attorney practicing in the Eighth and you missed the May Civil Bench-Bar Meeting, you missed a lot. A total of 161 people attended the Bench-Bar on Zoom that addressed the backlog, remote appearances, electronic exhibits and other need to know info as the court ramps up operations.
Here’s a recap:
A new trial plan and a new admin order are forthcoming. “The main concern is to move forward with trials,” said Chief Judge Linda Bell. The backlog estimate is at around 300 criminal trials and 1000 civil trials.
- As of June 14, when additional jurors will be summonsed, the court is planning to do 10 trials a week.
- Each judge will prioritize their own cases on five-week stacks.
- Jury selection will be Wednesday and Thursday, on the week prior to trial.
- Jury selection will move into the courtrooms with smaller panels than those prior to the pandemic.
- Part of the plan is to replace chairs with new, non-cloth chairs and to continue with some social distancing. The intent is to ensure that everyone feels comfortable.
- Eight people will be allowed on an elevator. That is up from the prior limit of four.
- It is expected that masks will be required until the end of this year. Clear masks are recommended for witnesses in trials, to enable lip reading and observation of expressions. Open face shields will not suffice. Clear masks are required to have a barrier that has a seal.
- The length of jury selection and trials will be determined by judges.
- Cases already scheduled to be conducted at the convention center will go forward. No additional trials will be scheduled there.
- Trials will ramp up at the Regional Justice Center the week of June 14, and accelerate the week of June 28.
Remote appearances
- Remote appearances for routine matters are highly encouraged to avoid congestion at the courthouse and to leave space for trials.
- For remote appearances, video is preferred over audio-only phone appearances.
- In-person hearings are at the judges’ discretion.
- Video appearances for trials or non-routine matters should be taken up with the judge presiding over the case.
- Due to the success of video appearances, the Nevada Supreme Court is looking at the issue statewide and has put together a committee that will that will come up with a statewide rule for witnesses appearing remotely by video.
- A strong preference was expressed for remote meetings until at least the end of the year.
Trials will be full days
“We have to address the backlog. It’s time to get up and going,” said Judge Bell. “We want to get everybody in, finish a case, and move onto the next trial. Anticipate that you will be working all day when in trial.”
Judge Alf emphasized how hard the chief judge has worked to ensure you can get your day in court. Chief Judge Bell credited “an Incredible administrative team and an incredible executive committee.”
Depositions will be conducted on Wednesdays; and may be conducted by alternate means. If parties have a dispute, the Discovery Commissioner will address potential issues.
“I encourage people to be professional, cooperative and understanding. Be sensitive to other people’s level of concern, because it may not be the same as yours,” said Judge Bell. “Civil trials at the RJC must go forward. We have more space because Municipal Court just moved and gave us more room for jury selection.” Judge Bell commended those who have worked to keep things moving while many courts have been paralyzed by the pandemic. “I think our whole group has been really successful at getting things to move forward. We’ve done more than 25 trials including: six or seven civil trials, 20 criminal trials and many short trials. We continue to make efforts to have trials go forward, while some courts have not been able to accomplish anything.”
Proposed protocol for electronic exhibits
Attorney Alexandra McLeod and District Court Clerk’s Office division administrator Anntoinette Naumec-Miller provided an overview of the proposed protocol for electronic exhibits. One point that was made repeatedly: the more advance notice of electronic exhibits you give, the better.
Prior to trial, the parties need to determine how many electronic exhibits they plan to submit. A range of numbers will be assigned for each party to name electronic exhibits. It is preferable to overestimate the number of exhibits so that the range of numbers covers all the exhibits. Proposed electronic exhibits must be submitted in portable document format (.PDF).
Regarding storage of electronic exhibits, the proposed Order states:
The party offering the proposed electronic exhibits shall provide the clerk with two identical sets of the proposed electronic exhibits on separate electronic storage devices. In the event of a jury trial, an additional blank electronic storage device will be required to copy all of the admitted electronic exhibits onto for use by the jury (see paragraph 12). The clerk will maintain one of the electronic storage devices as a master without modification.
The drives have to be validated by IT. First submissions usually do not pass validation. Submitted drives may require two to three instances of validation. That’s why the more time the parties allow the better. It is recommended that electronic exhibits should be submitted at least one week in advance.
View the entire Proposed Order Regarding Electronic Exhibits for Trial:
The next Civil Bench-Bar Meeting is June 8 at noon
Tags: Clark County Courts Coronavirus, Court Coronavirus response, EJDC, Judge Linda Bell, Las Vegas Courts Coronavirus, Nevada Courts Coronavirus, Nevada courts response to Coronavirus, Nevada Proposed Order Regarding Electronic Exhibits, Nevada Proposed Order Regarding Electronic Exhibits for Trial
March 12, 2019 March 12 Civil Bench Bar Meeting to cover ground on changes to Nevada Rules of Civil Procedure
The March 12 Civil Bench-Bar meeting at noon, in courtroom 10D, will offer valuable insight on new changes to Nevada Rules of Civil Procedure. Michael Gayan will cover Rule4; Judge Ron Israel will cover minor compromises; and Judge Jerry Wiese will cover Rule 16 followed by a Q&A session.
Changes that apply to all civil actions and proceedings pending or filed in Nevada’s district and appellate courts was a hot topic at the Civil and Family Bench-Bar Meetings last month. The Supreme Court’s Nevada Rules of Civil Procedure (NRCP) Committee did an exhaustive review that resulted in the changes to the Nevada Rules of Civil Procedure (NRCP), the Nevada Rules of Appellate Procedure (NRAP), and the Nevada Electronic Filing and Conversion Rules (NEFCR).
“You have to read the rules. I hate to break the news to you, but you absolutely have to read the rules,” said former Discovery Commissioner turned Nevada Court of Appeals Judge Bonnie Bulla, when addressing the Civil Bench-Bar about the changes.
The rules are intended to ensure just, speedy, and inexpensive resolution of every action and proceeding. The changes were effective March 1. Over the next few months, the new rules will be covered in the Civil Bench-Bar meetings to clear up questions from the bar.
There are areas where rules are inconsistent with amendments to the Nevada Rules of Civil Procedure. An Administrative Order Administrative Order 19-03 suspends those rules, to give clarity and ensure that the NV SC new rules take precedence over all local rules or district court rules. The local rules committee will make adjustments to eliminate inconsistencies, but it could take some time. A red-line version of the new rules can be found at this link. A PDF version of the revised rules affected by ADKT 522 can be found at this link.
Filings
The court now auto accepts all filings, which means files are automatically filed into the case. Prior to this change, every document was reviewed before acceptance. This new process is being fine-tuned. If a document is filed incorrectly in a case, the department will strike the document and ask the attorney to refile the document in the proper case.
Discovery
There are significant changes to Discovery in the Amendment to the Nevada Rules of Civil Procedure. Commissioner Truman will be handling discovery disputes on an interim basis until a replacement for Bonnie Bulla is named.
At the Family Bench bar meeting Commissioner Erin Truman advised that there are a lot of little nuanced changes, and she also encouraged attorneys to read the rules. Commissioner Truman suggested that viewing the red-line version helps to sort through changes https://nvcourts.gov/AOC/Committees_and_Commissions/NRCP/Adopted_Rules_and_Redlines/
Reports and Recommendations
Rule 16.3C outlines modifications made to the process of Reports and recommendations.
Once the Commissioner or Acting Commissioner signs off on the Report and Recommendations with the new notice page, Discovery will now file and serve the original Report and Recommendations. An Order with a file-stamped copy of the Report and Recommendations (with run slip, if there is any) will be forwarded to departments.
Per the new rules, Discovery will no longer be a part of the objection process. The new notice page will now have a notation as to when the objection time expires. After the time expires, judges will consider any objection and make a decision. Per NRCP 16.3(c)(2), counsel will have 14 days after being served with the filed report to file and serve written objections to the recommendations (If mailed through the United States Postal Service or if put in attorney folders, still get three additional days for mailing. If served in person or eserved, no additional days are allotted.) Written authorities may be filed with objections, but are not mandatory. If written authorities are filed, any other party may file and serve responding authorities within seven (7) days after being served with objections. Once the Report and Recommendations is signed, the Order will be sent back to the firm that submitted the Report and Recommendations so they can file, serve and prepare the notice of entry.
The NRCP Committee comprised of co-chairs Justice Mark Gibbons and Justice Kristina Pickering, Judge Elissa F. Cadish, Judge Kimberly A. Wanker, Judge James E. Wilson, Discovery Commissioner Wesley M. Ayres, Discovery Commissioner Bonnie A. Bulla, Professor Thom Main, and attorneys George T. Bochanis, Robert L. Eisenberg, Graham A. Galloway, Racheal Mastel, Steve Morris, William E. Peterson, Daniel F. Polsenberg, Kevin C. Powers, Don Springmeyer, Todd E. Reese, and Loren S. Young.
Those who would like to suggest questions on the new procedures or suggest topics for coverage in the Civil Bench Bar or for other suggested topics, please email: ejdcbecnhbar@gmail.com
Tags: Bonnie Bulla, Civil Bench Bar, Civil Law, Clark County Civil Bench Bar, Clark County Family Bench Bar, Clark County Guardianship Bench Bar, District Court bench, EJDC Family Bench Bar, Erin Lee Truman, Family Court Bench Bar, LAs Vegas Court; Civil Bench Bar; Judge Villani
February 15, 2019 Civil Bench Bar Chili Cook-off winners
Alexandra McLeod awarded prizes to chili cook-off winners at February Civil Bench-Bar meeting. Nadia Con Magdenko was the grand prize winner. T. Augustus Claus won second place and Lauren Peña won third prize. The winners took home lovely engraved spoons. The cook-off is an annual event at the Civil Bench-Bar meeting that are held the second Tuesday of each month to give attorneys members of the Bar Association an opportunity learn about the many changes that occur at the court and to get issues addressed with the bench. The next Civil Bench-Bar Meeting will be held March 12 at noon in courtroom 10D.
Tags: bench bar, Civil Bench-Bar Meeting, LAs Vegas Court; Civil Bench Bar; Judge Villani
May 4, 2018 May 8 Civil-Bench Bar to offer free attorney CLE on Motions in Limine
Motions in Limine can be a game-changer in a case. That’s why it’s a good idea to attend the May 8, noon Civil Bench-Bar meeting in courtroom 10D, with free (continuing legal education) CLE on Motions in Limine. The session will offer useful tips on making the most of Motions in Limine and other information to up your game and help meet CLE requirements. The panel will include Judge Elissa Cadish, Judge Jim Crockett and Judge Gloria Sturman. moderators will be Dan Polsenberg, Esq. and Josh Cole Aicklen, Esq. A summary of the recent Nevada Supreme Court rulings will also be done by the Richard Harris Law Firm. Civil Bench-Bar meetings are a great forum to get questions or concerns addressed and to network.
Tags: Clark County CLE, Dan Polsenberg, Free CLE Las Vegas, Josh Cole Aicklen, Judge Elissa Cadish, Judge Gloria Sturman, Judge Jim Crockett
April 10, 2018 The April 10 Civil Bench Bar Meeting will offer attorneys alternative to boring unproductive lunch
The Apr. 10 noon Civil Bench Bar Meeting in courtroom 10D, will offer attorneys an alternative to a boring, unproductive lunch, with a lunch meeting filled with useful information and networking.
Judge Joanna Kishner will give the latest details from the Civil Rules Committee. A panel discussion by the Alternative Dispute Resolution (ADR) Section of the State Bar of Nevada will offer useful information on the ADR Program and how mediation can enhance your practice. A summary will also be given on the latest cases coming out of the Nevada Supreme Court. The meeting sponsor is the ADR Section of the State Bar of Nevada. Lunch limited to the first 60 attendees.
Top tip of the month: Notifying the Clerk’s office when counsel changes on a case. Proper notification will ensure that correspondence and service go to the right place to help attorneys stay on top of their cases.
Tags: Civil Bench Bar, Eighth Judicial District Court, Judge Bill Kephart, Judge Gloria Sturman, Judge Mark Bailus, Tips for lawyers in Clark County
February 12, 2018 February 13 Civil Bench Bar to be packed with useful information
The February 13 noon Civil Bench-Bar Meeting in courtroom 10D at the Regional Justice Center will be packed with useful information including, an update on important changes to jury services and must know information on criminal case sealing. The top five things you should know about the Legal Aid Center of Southern Nevada will also be covered, along with recent Nevada Supreme Court rulings and what they mean.
Tags: Civil Bench Bar, Nevada Legal Tips
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