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eighthjdcourt

Info about the Eighth Judicial District Court.

Category Archives: Civil Bench Bar

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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Hear the issues and let your thoughts be heard during discussion at the June 14 Bench Bar, at 12:05 p.m. at the Regional Justice Center, courtroom 15B.

District Court has set up the technical infrastructure to do videoconferencing at the Regional Justice Center. The devil is in the details on how to best implement it with respect to filings, objections, etc. The topic was introduced at the May Civil Bench Bar and will be discussed again at the June Bench Bar. Some departments have used the system effectively. But as video conferencing use increases, issues are likely to arise.  Weigh-in during discussion on Videoconferencing at the June 14 Bench Bar, at 12:05 p.m. at the Regional Justice Center, courtroom 15B.

Also at the Civil Bench Bar there will be a review of NV Supreme Court Civil Decisions:

  1. Slade v. Caesars Entertainment Corp., 132 Nev.Ad.Op. 36 (May 12, 2016)(4-3)
  2. Badger v. District Court, 132 Nev.Ad.Op. 39 (May 26, 2016)(5-2)
  3. Golightly & Vannah v. TJ Allen, LLC, 132 Nev.Ad.Op. 41 (June 2, 2016)(3-0)

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The Civil Bench Bar meeting is today at noon

The agenda includes a review of  the Nevada Supreme Court Civil Decisions from March:

Tom v. Innovative Home Systems, LLC, 132 Nev.Ad.Op. 15 (March 10, 2016)(Appeals Ct.; 2-1)

Hairr v. District Court, 132 Nev.Ad.Op. 16 (March 10, 2016)(3-0)

Rish v. Simao, 132 Nev.Ad.Op. 17 (March 17, 2016)(3-0)

ESD v. Murphy, 132 Nev.Ad.Op. 18 (March 31, 2016)(7-0)

Hunter v. Gang, 132 Nev.Ad.Op. 22 (April 7, 2016)(Appeals Ct. 3-0)(29 pages)

Poremba v. Southern NV Paving, 132 Nev.Ad.Op. 24 (April 7, 2016)(3-0)

Jackson Trust v. Groenendyke, 132 Nev.Ad.Op. 25 (April 7, 2016)(3-0)

Discussion:

  1. Trial by Peers
  2. Notices – Judge Gonzalez
  3. Oscars? Tracy Eglet

Upcoming Dates/Events:    

  1. Meeting of the Howard D. McKibben Chapter of the American Inns of Court, TONIGHT! at 5:15 p.m., Judge Boulware’s Courtroom (7th Floor of Lloyd D. George Federal Courthouse)
  2. Next Civil Bench-Bar Meeting, May 10, 2016 at 12:05 p.m. in Courtroom 15D

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