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eighthjdcourt

Info about the Eighth Judicial District Court.

Category Archives: Civil Bench Bar

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

 

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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.

 

 

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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.

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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.

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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.

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Civil Bench-Bar meetings always provide plenty of food for thought for those practicing civil law, but the January 10 noon meeting in courtroom 3A, will have the added bonus of featuring a chili cook-off. It’s a tasty way to get the latest Civil Division info, find out which lawyer or judge cooks-up the meanest chili, and mingle.

At the December Bench-Bar, Judge Susan Johnson, now the Presiding Civil Division Judge, passed the baton for presiding over the Bench-Bar Meetings to Judge Nancy Allf. There were a lot of interesting hot topics at the meeting including: the implications of the the $15,000 threshold for Justice Court cases, new marijuana laws and the idea of raising the arbitration limit. Procedural issues were discussed for de novo cases including some quick tips on how to do things right and avoid wasting time. Nevada State Bar President Bryan K. Scott addressed concerns and fielded questions on a variety of topics. He noted that bar counsel investigators have been hired and the backlog of attorney discipline actions have been reduced. Laughlin Constable Jordan Ross provided information on complex civil enforcement in his jurisdiction.

Don’t miss the opportunity to attend the upcoming Civil Bench Bar meeting and don’t forget it is in courtroom 3A.

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The December 13 Civil Bench-Bar meeting will enlighten attendees on the latest news as we close out 2016. The New Year will bring with it changes and Bench-Bar meetings are a great way to be in the know of what’s coming. Every meeting is full of tips to be your best in court. The meeting is at 12:05 p.m. in courtroom 15D at the Regional Justice Center. Lunch will be served. Judge Elizabeth Gonzalez will take over as Chief Judge on Jan. 1. Judge Susan Johnson will take over as the presiding Civil Division Judge and Judge Nancy Allf will assume responsibility to preside over the Civil Bench-Bar meetings.

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The next Civil Bench Bar Meeting of the Eighth Judicial District Court will offer insight on the latest court developments including changes to some discovery procedures.  The meeting will be Tuesday, Sept. 13 at 12:05 p.m. in courtroom 15D at the Regional Justice Center, 200 Lewis Ave. The Civil Bench Bar is designed to bring the judiciary and members of the bar together to discuss ways to improve the processing and handling of civil matters.  All members of the bar are welcome. Lunch will be provided.

At the August Civil Bench Bar meeting, Discovery Commissioner Bonnie Bulla emphasized that discovery related to the “sale of medical liens” to a third party will not be permitted. As the Nevada Supreme Court explained in Khoury, the amount a lien is sold for is “irrelevant to a jury’s determination of the reasonable value of medical services provided.” However, evidence of the existence of a medical lien will be permitted as it may be evidence of bias. However, footnote 6 to the opinion, which limits the use of such evidence, should be reviewed.

Attendees also got an overview of the Nevada Eighth Judicial District Court Guide and File system that made the list of the top-10 court technology solutions as named by the National Association for Court Management (NACM).

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Attorneys in civil practice are invited to escape the heat, grab a bite and pick up tips to improve their practice at the Civil Bench Bar Meeting Tuesday, Aug. 9 at 12:05 p.m.  in District Court courtroom 15C at the Regional Justice Center. Changes that will occur as a result of new Justice Court civil case thresholds were discussed at the July Bench Bar.

On the Agenda is a Review of July NV Supreme Court Civil Decisions:

  1. Golden Road Motor Inn, Inc. (Atlantis) v. Islam, 132 Nev.Ad.Op. 49 (July 21, 2016) (4-3) (38-page decision)
  2. Khoury v. Seastrand, 132 Nev.Ad.Op. 52 (July 28, 2016) [5-1(concurring)] (31-page decision)
  3. Humboldt General Hospital v. District Court, 132 Nev.Ad.Op. 53 (July 28, 2016)
  4. Nationstar Mortgage, LLC v. Rodriguez, 132 Nev.Ad.Op. 55 (July 28, 2016)(7-0)

The committee is open to new suggestions and issues of concern to bar members.  The Civil Bench Bar is designed to bring the judiciary and members of the bar together to discuss ways to improve the processing and handling of civil matters.  All members of the bar are welcome.

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The Civil Bench Bar is this Tuesday, July 12 at 12:05 p.m. in courtroom 15D at the Regional Justice Center. Lots of hot topics will come up that will help those practicing civil law. Discussion will include the Courts’ jurisdictional limits, arbitration, etc.

Last month’s Bench Bar offered up a useful discussion of videoconferencing which is taking root in District Court. The biggest issue to surface with using video-conferencing is the speed of video line on other end. It was suggested that using public Wi-Fi in Starbucks in New York in the afternoon generally doesn’t work out well. In order to use video-conferencing, judicial approval is required five days prior. A drafted form is in the approval process. No rules change is needed.

Discovery was another hot topic at the June meeting. Volume for requests for discovery continuances has increased dramatically. The Discover Commissioner Bonnie Bulla told those in attendance, “We’re happy to continue discovery as long as trial date stays in place.” If it requires a change in trial date the request for continuance will be forwarded to the department or returned to counsel for submission to the department.

Top 5 Discovery tips offered at the June Bench Bar Meeting:

A request for discovery extension should include an explanation why the request is being made and must comply with Eighth Judicial Court Rule 2.35 http://www.trucounsel.com/edcr/part-ii-civil-practice/rule-235-extension-of-discovery-deadlines.

If you are submitting a motion to discovery, ensure that “Discovery” is indicated on the first page of the motion. But if you want to extend the discovery deadlines and trial date, please submit your motion to the department to be heard by the judge.

If you are a new party to a case, you may request an Early Case Conference under NRCP 16.1. After the conference, a supplemental Case Conference Report must be filed. However, once discovery issues a scheduling order you must submit an EDCR 2.35 stipulation or motion to be able to extend your discovery deadlines.

Please make certain that your discovery dates do not fall on holidays or weekends. Select date that work for the discovery to be completed so that your trial date will be meaningful.

If your requested a settlement conference in your Case Conference Report and you do not receive a date for one, please contact Department 30 at (702-671-3633) to inquire as to the status.

Nevada Supreme Court Decisions that will be reviewed at the July Bench Bar:

Review of Last Month’s NV Supreme Court Civil Decisions:

  1. Sparks v. Bare, 132 Nev.Ad.Op. 43 (June 16, 2016)(3-0): NRS 189.030(1), which provides a municipal court has 10 days to “transmit to the clerk of the district court the transcript of the case [and] all other papers relating to the case [along with] a certified copy of the docket” after notice of appeal is filed, does not confer a duty on the municipal court to provide a transcript for a defendant’s misdemeanor appeal.
  2. Scenic Nevada, Inc. v. City of Reno, 132 Nev.Ad.Op. 48 (June 30, 2016)(7-0): Nev. Const. Art. 19, §2(3) prohibits the Legislature from amending or repealing a voter-initiated statute for three years after it takes effect.

Upcoming Dates/Events:

  1. Civil Judges’ Meeting, July 27, 2016, 12:00 p.m. (noon), Courtroom 14C
  2. Civil Bench-Bar Meeting, August 9, 2016 at 12:05 p.m. in Courtroom 15D
  1. The Medical/Dental Malpractice Status Check Calendar will be held on Monday, August 1 at 8:30 a.m. and 1 p.m. at the Regional Justice Center, 200 Lewis Ave., Las Vegas, Nevada in Courtroom 14A.
  2. Construction Defect sweeps will be held 7-8. Judge Wiese and the Construction Defect Bar will offer a CLE on day two.

 

 

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