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Info about the Eighth Judicial District Court.

Category Archives: Clark County 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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Civil attorneys can stay cool, get updated on court news and grab lunch at the District Court Civil Bench-Bar meeting on Aug. 8 at noon in courtroom 3A at the Regional Justice Center.

Judge Jim Crockett will lead a discussion on minors’ compromises and inter-pleader actions. Judge Gloria Sturman will take on the topic of EDCR 2.22. Discovery Commissioner Bonnie Bulla will offer up important information on Discovery.  And Judge Allf will lead a discussion on possible standard protocols for electronic discovery.

Also on the agenda is a review of July Nevada Supreme Court Civil Decisions including:

Rural Telephone Co. v. Public Utilities Commission, 133 Nev. Adv. Op. No. 53 (August 3, 2017)

Peter Gardner v. Henderson Water Park, 133 Nev. Adv. Op. No. 54    (August 3, 3017)

LN Management LLC v. Green Tree Loan Servicing, 133 Nev. Adv. Op. No. 55 (August 3, 2017)

City of Sparks v. Reno Newspapers, Inc., 133 Nev. Adv. Op. No. 56 (August 3, 2017)

So. Calif. Edison v. State, Dep’t of Taxation, 133. Nev. Adv. Op. No 49

(July 27, 2017)

K&P Homes v. Christiana Trust, 133 Nev. Ad. Op. No. 51 (July 27, 2017)

Renfroe v. Lakeview Loan Serv., LLC, 133 Nev. Adv. Op. No. 50 (July 27, 2017)

So. Calif. Edison v. State, Dep’t of Taxation, 133. Nev. Adv. Op. No 49

(July 27, 2017)

If you can’t make the Aug. 8 meeting, schedule the upcoming Sept. 12 and Oct. 10 noon Civil Bench-Bar meetings that will offer special presentations and an opportunity to get the latest news that can impact your civil practice. Bench-Bar meetings are a great way to get current information about the court and to get questions or issues addressed with the bench.

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The lazy, hazy days of summer are getting underway. Civil attorneys can avoid the summer slump and sharpen skills. Attend the Civil Bench-Bar meeting this Tuesday, June 13 at noon in courtroom 3A. Bench-Bar attendees get the latest information on new rules, Nevada Supreme Court rulings and what legislative changes are in the works to help keep your courtroom game tight. The meetings are a great way to beat the heat in a cool courtroom, learn and network over lunch. Judge Joanna Kishner will offer up information and open discussion on Supreme Court Rule 3.

A review of May Nevada Supreme Court decisions will be discussed including:

  1. In re Parental Rights as to M.M.L., 133 Nev. Adv. Op. 21 (May 11, 2017)
  2. In re Discipline of Timothy Treffinger, 133 Nev. Adv. Op. 22 (May 11, 2017)
  3. Klabacka v. Nelson, 133 Nev. Adv. Op. No. 24 (May 25, 2017)
  4. Iliescu v. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017)
  5. In re Davis Family Heritage Trust, 133 Nev. Adv. Op. 26 (May 25, 2017)
  6. Sargeant v. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017)
  7. O’Neal v. Hudson, 133 Nev. Adv. Op. 29 (June 1, 2017)

The Civil Bench-Bar meetings are held on the second Tuesday of every month at noon. Lunch is usually provided. The meetings give attorneys the opportunity to get their questions and concerns addressed and to get the latest news that may affect their practice. The May Bench-Bar meeting had record attendance and included a tour of the new Nevada Supreme Court building.

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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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