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Info about the Eighth Judicial District Court.

Category Archives: COVID-19 closures Las Vegas

As our State enters Phase 2 of recovery, in order to ensure access to justice and to prevent an excessive backlog of cases, the District Court will begin hearing all cases. The safety of the public and court staff remains a priority. Administrative Order 20-17, entered jointly with the Chief Justice of the Nevada Supreme Court provides for continued extensive use of alternative means appearances, social distancing protocols, and mask wearing to allow the business of the Court to go forward safely.

Below is a brief look at some of the highlights. Those with matters in District Court should review the actual order to get accurate information on how the court is moving forward in Phase 2.

For purposes of clarity and to avoid confusion, AO 20-17 supersedes AO 20-01 through 20-13 and 20-16. Any portions of those orders that remain in effect are included in AO 20-17. The process for electronic processing of search warrants remains in effect. Except where otherwise noted, AO 20-17 became effective June 1.

Governor Sisolak’s May 7, 2020 Declaration of Emergency Directive employers to take proactive measures to ensure compliance with social distancing and sanitation guidelines and to follow guidelines promulgated by the Nevada State Occupational Safety and Health Administration (NV OSHA).  

The District Court is complying with the governor’s directive and is committed to providing a safe and healthy workplace for all employees and the public we serve. To mitigate the spread of COVID-19, we will need to change many of our ordinary practices in a manner that reduces the risks associated with this public health emergency. Consequently, the following precautions are ordered: Screening Protocols will be in place during this time. It is critical to prevent the spread of illness among members of the Court, counsel, staff, the public, and our community partners. The Centers for Disease Control has advised people to take precautions to stay healthy and that the best way to prevent illness and to avoid exposure. As a result, District Court Administration shall maintain notices at the entrance of all District Court facilities advising the following people may not enter the Court facility: persons who have traveled out of the country in the past 14 days or who reside with someone who has traveled out of the country in the past 14 days; persons who have been asked to self-quarantine by any doctor, hospital, or health agency; persons who have been diagnosed with coronavirus and not medically cleared or persons who have had contact in the past 14 days with anyone diagnosed with coronavirus and not medically cleared; or persons with unexplained fever, cough, or shortness of breath.

The Marshal’s Division may develop screening protocols including screening question and temperature checks if deemed appropriate. Anyone attempting to enter in violation of these protocols or refusing to comply with the protocols will be denied entry by District Court Marshals. District Court Administration will also maintain a customer service number in cooperation with the Las Vegas Municipal Court and Las Vegas Justice Court to assist all person unable to enter the Court facility because of exposure or illness. If a person is unable to appear in Court because of the restrictions, that person may call 702-455-4472 to speak to a customer service representative for assistance in rescheduling their court appearance, arranging for appearance by alternative means or to obtain other information based on the circumstances of the appearance. Due to restrictions on the entrants to the court facilities and to reduce the potential for spread of infection, appearances by alternative means are strongly encourage whenever possible. This includes all case types.

The District Court has four methods of appearance by alternative means: videoconference through a BlueJeans application, telephone conference through BlueJeans, regular telephone, and CourtCall (since CourtCall involves a cost to the litigants; no party may be required to use CourtCall at this time). Use of BlueJeans is strongly favored given the number of people the system c accommodate and its compatibility with the JAVS system. Video is also favored as it aids communication and produces a better record.

Attorneys, parties, and witnesses are reminded that alternative means still constitutes court appearance and attire should remain professional and court appropriate. Appearance should be made from a quiet place that is free of distractions. Also, for the safety of the community and for the quality of the audio recording, no appearances by alternative means should be made while driving. The requirement for a formal written notice of any appearance by alternative means is suspended. Arrangements for alternative appearances may be made via e-mail to the department judicial executive assistant (JEA). E-mails about scheduling appearances should not be sent to the department inboxes.

Attorney appearing by video, or having clients/witnesses/agency representatives/probation officers app by alternative means, must notify the department via e-mail at least one judicial day before the appearance. In juvenile cases, parents or guardians may provide their e-mail addresses to the juvenile’s attorney to arrange for the appearance. The e-mail to the department must include the case numbers for the proceeding and the names and e-mail addresses for each person appearing by video. This will allow the department to send a link to appear via video. If arrangements need to be made on shorter notice due to an emergency, the judicial department must be contacted by phone.

Media reporters may request to attend any public court proceeding by alternative means for the purpose of observing the proceedings. Any reporter requesting an appearance in this manner must contact the department for a BlueJeans video link. Reporters appearing by alternative means must remain on mute and are not permitted to interject or speak during a proceeding. A reporter violating this rule will lose the ability to appear by alternative means.

Members of the public must wear face coverings that cover their noses and mouths. Face coverings must be worn at all times while in any court facility and while in any security screening line to enter a court facility. All District Court employees must cover their noses and mouths with face covering while at work unless they are alone in unshared work space. This includes all common areas of any facility as well as parking lots, back hallways, employee-only elevators, shared restroom and break rooms. All attorneys, vendors, and employees of any organization or entity who work in a court facility must cover their noses and mouths with face coverings while in any common areas of the facilities. Common areas include, but are not limited to, security screening, lobby areas, public elevators, employee elevators, shared back hallways, public restrooms and courtrooms. This includes, but is not limited to, employees of Las Vegas Municipal Court, Las Vegas Justice Court, Legal Aid Self-Help Centers, Clark County Clerk’s Main Office, Clark County District Attorney’s Office, Clark County Public Defender’s Office, Clark County Department of Juvenile Justice Services, Clark County Department of Family Services, and contract counsel.

Employee of other organizations or entities with space in court facilities are subject to the policies of their individual employer while in their own organization’s work space. Children under the age of two and individuals who are unable to remove the face covering without assistance do not have to comply with the above-referenced face covering directives.

Individuals who are unable to wear a face covering should make arrangements appear by alternative means. Face coverings must cover the nose and mouth at all times. Meeting by telephone, teleconference, videoconference or e-mail remains preferred. To protect judicial resources and prevent the spread of illness among members of the court, counsel, staff, public and community partners, there shall be no in-person gatherings of meetings to discuss court business of more than 50 people. Any in-person meeting must observe social distancing and mask requirements. No food or beverages may be served at in-person meetings.

The Clerk’s Office remains closed to in-person filing for the safety of the clerks and to minimize building traffic, the Clerk’s Offices at both the Regional Justice Center and the Family Court will remain closed to in-person filing until further notice. Filings must be completed electronically. For litigants who do not have the ability to electronically file documents, documents may be mailed as follows: District Court Civil Criminal Division Attn: Clerk’s Office Regional Justice Center 200 Lewis Ave. Las Vegas, NV S91 SS District Court Family Division Attn: Clerk’s Office Family Court 601 N. Pecos Rd. Las Vegas, NV 89155 The Clerk’s Office shall maintain a safety protocol for clerks tasked with opening mail and handling paper documents. Counsel should contact the Court Clerk for handling of documents that cannot be converted to electronic format.

Other than mail, no paper documents will be accepted by the court at this time. Call (702) 455-4472 with questions regarding filing.

The continuance of any trial or evidentiary hearing will be considered on a case-by-case basis. Attorneys may have difficulty obtaining witnesses or being prepared for evidentiary proceedings in the period immediately following the duration of the administrative order relating to COVID-19. Judges will examine the merits of any application for a continuance, balancing the consequences of a delay in the proceedings and the constraints placed on attorneys and litigants to prepare for a trial or evidentiary hearing.

In-person depositions may go forward effective July 1, 2020 as long as social distancing protocols are observed. Until that date, no in-person depositions shall proceed except stipulation or order obtained after filing a motion demonstrating good cause for the need for in-person deposition. Deposition by alternative means is the preferred method of handling  depositions.

Discovery (Civil and Domestic) All discovery hearings in both the civil and domestic case types shall continue to be conducted by alternative means. The tolling of discovery deadlines will end on July 1, 2020.

In order to assist with the backlog of trials, judicial settlement conferences are encouraged. Settlement conferences may be held by alternative means. If the settlement conference is not held by alternative means, the judge and attorneys must develop a social distancing plan prior to the settlement conference. All participants must wear masks that cove their noses and mouths. Civil and Family Division settlement conference programs will resume on July 1, 2020 Settlement briefs and supporting exhibits must be submitted electronically. Counsel may also contact individual judges to request settlement conferences or reach out to the assigned departments to submit a request for a senior judge to conduct a settlement conference.

Criminal Division settlement conferences will resume on June 1, 2020. Requests for settlement conferences should be submitted via e-mail on the settlement conference form to the Chief Judge. The form must be completely filled out or the conference will not be set. In custody criminal settlement conferences will be scheduled to take place in the Lower Level Arraignment courtroom. Priority will be given to trials where the defendant is in-custody and has invoked speedy trial rights and to older homicide cases.

Beginning the week of June 1, the jury commissioner will begin summonsing jurors for 16 jury trials. To maintain social distancing and juror safety, one panel of jurors will be summons per day for District Court. The District Court will prioritize trials beginning with criminal cases involving interstate compact issues and criminal cases in which the defendant has invoked speedy trial rights. After those cases, the priority will be civil case with preferential trial settings; older in-custody criminal cases; and older civil cases, particularly those with NRCP 41(e) timeline concerns.

This order shall continue to stay trials in civil cases for purposes of tolling NRCP 41(e) except where a District Court Judge makes findings to lift the stay in a specific case to allow the case to be tried. The time period of any continuance entered as a result of this order shall be excluded for the purposes of calculating speedy trial under NRS 118.556(1) and NRS 174.511 as the Court finds that the ends of justice served by taking this action outweigh the interests of the parties an public in a speedy trial. Writs of execution and garnishment have been stayed by the Governor’s Directive. No new writs of execution or garnishment may be issued while the stay is in place. The stay does not apply to child support, spousal support, or criminal restitution. Any change of termination of that directive will be determined by the Governor.

Above are a few highlights from the order. To get all the details see the Full Administrative Order 20-17

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warrantgraphic

Search warrants, wiretaps and pen registers that capture phone numbers are an essential time-sensitive aspect of law enforcement and are a key element in many criminal cases. In response to the COVID-19 health emergency, the Eighth Judicial District Court Administrative Order 20-14 Electronic Filing of Applications for Search Warrants and Court Orders Nevada law allows for a peace officer to apply for a search warrant remotely through secure electronic transmission.

“In response to the COVID-19 health emergency, the Eighth Judicial District Court has implemented a series of administrative orders to implement social distancing, encouraged remote appearances, and suspended requirements to provide paper copies of documents,” District Court Chief Judge Linda Bell wrote in Administrative Order 20-14. “To continue to work efficiently and effectively and protect the health and wellbeing of our community through social distancing, I find that the District Court must streamline its process to electronically review applications for and issue search warrants, and to review applications for and issue orders for pen registers, trap and trace, stored communications, and communication interception.”

Additionally, the District Attorney and Attorney General or their deputies, supported by an affidavit of a peace officer, can apply to the district court for an order authorizing using a pen register, using a trap and trace device, or intercepting communications (wiretaps).

A judge may accept an electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to this section as an original signature of the application.  In addition to warrants, pens and wiretaps, the Stored Communications Act allows for applications for orders for certain kinds of communications information. The collective group of items seeking information through the court order will now be referred to as “surveillance orders.”

Given the current health crisis and the law supporting electronic processing of warrants and surveillance orders, all law enforcement agencies applying for warrants or surveillance orders with a judge of the Nevada Eighth Judicial District Court shall do so electronically. Returns and orders will also be filed electronically as set out in Administrative Order 20-14. The applications must be made through a secure electronic transmission procedure. This new process will eliminate the need for in-person signatures and eliminate other logistical challenges, resulting in an expedited process that could save an estimated time of two hours per surveillance order.

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can  be found on the court website: HTTP://WWW.CLARKCOUNTYCOURTS.US/GENERAL/COURT-RULES-AND-ADMINISTRATIVE-ORDERS/#ADMINISTRATIVE%20ORDERS

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COVIDREsponseDVTPOguided

The Nevada Eighth Judicial District Court has launched an online guided application for domestic violence temporary protective orders. The online application, available through the Legal Aid Center of Southern Nevada Self Help website  https://nevada.tylerhost.net/SRL/SRL/Start?legalProcessKey=Domestic_Violence_Temporary_Protective_Order, offers a step-by-step guide to complete a request for a domestic violence temporary protective order from the court. Upon completion of the form, applicants are instructed to email their completed application directly to the court clerk for processing, or to efile it. Upon submission, the applicant will be set for a telephonic hearing. Applicants have until 4 p.m. to submit their completed application for a same-day phone-in hearing; otherwise, they will be set for a hearing on the following morning.

“The stress caused by the circumstances of the Coronavirus pandemic makes this a high-risk time for domestic violence. This new guided online form gives those looking to apply for domestic violence protective orders an easily accessible option to obtain a TPO remotely and discretely,” said District Court Family Division Presiding Judge Bryce Duckworth. “Despite the limitations imposed by response to the Coronavirus crisis, we continue to facilitate access to the court for those who face domestic violence.” Help with protective orders is also available by email tpo@lacsn.org.

“Local organizations that provide services to victims of domestic violence report an uptick in incidences,” said Stephanie McDonald, Esq., the directing attorney of the Family Law Self Help Center operated by Legal Aid Center of Southern Nevada, Inc. “It is crucial that those facing the danger of domestic violence know they can easily file an application for a protective order.”

For those without access to a computer, the Family Law Self-Help Center is also processing domestic violence temporary protective order (TPO) applications by phone on Monday through Friday from 8 a.m. to 3:30 p.m. Those facing domestic violence can call 702-455-1500 to get a TPO facilitated by phone. Help is also available by email tpo@lacsn.org.

The application for domestic violence temporary protective order is the most recent guided form available online to assist users with court filings. The guided forms can be found at  https://nevada.tylerhost.net/srl including landlord tenant issues and petitions for judicial review of unemployment claims.

 

 

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COVIDREsponseAO13

Administrative Order 20-13

On March 12, 2020, Governor Steve Sisolak issued a Declaration of Emergency in response to the COVID-19 pandemic.  The next day, March 13, 2020, the President of the United States declared a nationwide emergency pursuant to Section 501(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207.  To mitigate the spread of this deadly virus, the Center for Disease Control recommends putting as much distance between people as possible. Also, Governor Sisolak has directed Nevadans to stay home except to seek or provide essential services.

Article 3, section 1 of the Nevada Constitution provides that, “The powers of the Government of the State of Nevada shall be divided into three separate departments,—the Legislative,—the Executive and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases expressly directed or permitted in this constitution.”  “In addition to the constitutionally expressed powers and functions of each Department, each (the Legislative, the Executive, and the Judicial) possesses inherent and incidental powers that are properly termed ministerial.  Ministerial functions are methods of implementation to accomplish or put into effect the basic function of each Department.” Galloway v. Truesdell, 83 Nev. 13, 21, 422 P.2d 234, 237 (1967).

Following the March 12, 2020, Declaration of Emergency this Court exercised its ministerial judicial power and entered, on an emergency basis, Administrative Orders Nos. 20-01 through 20-12.  This Order changed court procedures so as to minimize person-to-person contact and mitigate the risk associated with COVID-19 pandemic, while continuing to provide essential court services.  The Orders specify that they “shall be reviewed no later than every 30 days and shall continue until modified or rescinded by subsequent order.”

On March 31, 2020, Governor Sisolak entered Declaration of Emergency Directive 010, which directs Nevadans to stay home except to seek or provide essential services.  Directive 010 extends the declared emergency through April 30, 2020.  Consistent with this Directive and its original Orders, the Court has reviewed Administrative Order Nos. 20-01 through 20-12 and, after consultation with Chief Justice of the Nevada Supreme Court, orders as follows:

GENERAL PROVISIONS

  1. Continuity. Except as provided below, AO 20-01 through 20-12 will remain in effect and all 30-day deadlines in AO 20-01 through 20-12 will be extended until this order expires, is modified or is rescinded by subsequent order.
  2. Attorney Obligations: Attorneys, as officers of the court, have ethical obligations for cooperative civility under normal circumstances. This Court, under the present emergency, reminds attorneys that they have an obligation to be cooperative with courts and with each other as we all navigate these challenging circumstances.  This is not the time to press for unwarranted tactical advantages, unreasonably deny continuances or other accommodations, or otherwise take advantage of challenges presented due to the current pandemic. Lawyers are expected to be civil, professional and understanding of their colleagues, parties, and witnesses who are ill or otherwise unable to meet obligations because of the current restrictions.
  3. Jury Trials Suspended. Jury trials remain suspended and no jurors will be summonsed.  Trials will be rescheduled as the court calendar allows, beginning six weeks after this order is expires, is modified or rescinded.  Priority will be given to in-custody defendants who have invoked their speedy trial rights.  As the court looks toward resuming trials at some point in the future, the health and safety of jurors will be a priority. To that end, Jury Services is directed to develop a policy and system to allow all jury questionnaires to be sent, completed, returned, and distributed to the court and counsel electronically.  A mailing process should be developed as an alternative for the rare circumstance when a juror does not have e-mail.  Jury Services is also directed to develop policies related to the number of jurors who can reasonably be summonsed while maintaining social distancing, including the maximum number of panels that could be brought in weekly, health and safety information to be included with the jury summonses, and management of prospective jurors in jury services as well as during the jury selection process.
  4. Grand Jury. The grand jury will also remain suspended.  During this time, the Court requests that the Clark County District Attorney’s Office work with the Grand Jury Judge and Jury Services to develop policies to ensure the health and safety of the grand jurors, including social distancing and the ability for witnesses to appear by alternative means when possible.
  5. Issuance of Summons and Certified Copies. Summonses and certified copies shall be issued by the Clerk’s office.  A party or lawyer seeking to have the Clerk of Court issue a summons under NRCP 4(b) shall e-file the summons.  The filing code “SEI” must be used for the proper processing of the summons.  The Clerk will issue the summons electronically.
  6. Service of Summons. The Court recognizes that accomplishing personal service of process may pose significant challenges at this time, given the closure of non- essential businesses and stay-at-home directives.  Properly documented service issues related to the COVID-19 pandemic constitute good cause for the extension of time for service pursuant to NRCP 4(e), whether the motion is made before or after the 120-day service period.
  7. Electronic Service. All lawyers and self-represented litigants are required to register for electronic service and update any change of e-mail address with the Court.  In the limited circumstance where a self-represented litigant does not have an e-mail address, the Clerk’s office is directed to assist the self-represented litigant in creating an e-mail address.
  8. Proposed Orders. All lawyers and parties shall submit proposed orders to the respective department inboxes. See Administrative Order 20-10. NO OTHER E-MAILS MAY BE SENT TO THE DEPARTMENT INBOXES. The subject line of the e-mail must contain the full case number, the filing code, and the case name, in that order. For example: “A- 20-123456-C – ORDR – Smith v. Doe.” All documents should be submitted in PDF format. Every order must be submitted as a separate e-mail.  If a judge has significant revisions, the department will request a Microsoft Word version of the order from the submitting party for editing purposes. The Court notes here that both Word Perfect and Apple Pages allow documents to be saved in a Word format. NO ADDITIONAL ARGUMENT OR DISCUSSION SHOULD BE INCLUDED IN THE E-MAIL.  After the document is submitted, the judge will review the document, affix an electronic signature to the PDF document, and file the document into the Odyssey system.  All documents submitted will be filed by the department and served to all parties registered for electronic service.  Parties are responsible for filing the Notice of Entry of Order as well as serving orders by mail to any party who is not registered for electronic service.
  9. Filing Sealed Documents. If a party is requesting that a document be sealed, the party must file a motion to file under seal. The party should file separately the document to be sealed, using the code “TSPCA” – Temporarily Sealed Pending Court Approval. The judge will then review the motion and determine whether the document should be filed under seal.  Failure to properly submit a motion to seal the documents, failure to submit the document separately, and failure to use the proper filing code may result in the public electronic filing of the document.
  10. Documents Requiring Signature. All documents requiring the signature of another person require the submitting party to obtain e-mail verification of the other person’s agreement to sign electronically. The e-mail must be embedded in the body of the document or attached as the last page of the submitted document.

FAMILY

  1. Essential Case Types. Essential case types also include emergency child custody hearings, which shall go forward, preferably by alternative means.
  2. Extensions of Time Deadlines. Pursuant to NRCP 6(b), the Court recognizes the COVID-19 emergency as constituting “good cause” and “excusable neglect” warranting the extension of time in non-essential civil-domestic case types. This does not apply to the time deadlines that must not be extended under NRCP 6(b)(2) (motions under NRCP 50(b), 52(b), 59, and 60 and motions made after NRCP 54(d)(2) time has expired).
  3. Discovery Deadlines. Discovery deadlines, including deadlines for serving responses, pursuant to NRCP 31 (depositions by written questions), NRCP 33 (interrogatories to parties), NRCP 34 (producing documents, electronically stored information and tangible things, or entering onto land for inspection or other purposes) and NRCP 36 (requests for admissions) will be tolled from March 18, 2020, until thirty days after this order expires, is modified or is rescinded. Even so, the Court encourages discovery to proceed when at all possible.  All written discovery shall be exchanged by mail or through electronic means.
  4. Rule 35 Examinations. No Rule 35 examination may go forward until 30 days after the period this order is in effect. A party may file a motion demonstrating good cause to proceed forward with a Rule 35 exam. Good cause in this context means an extreme emergency such as imminent destruction of evidence. The motion shall also include protocols for ensuring the safety of the examinee and an affidavit from the medical provider indicating that the provider is able to conduct the examination following those protocols.
  5. Depositions. During the period that this order is in effect, no in-person depositions shall proceed except on stipulation or order obtained after filing a motion demonstrating good cause for the need for an in-person deposition. Deposition by alternative means may proceed as provided in NRCP 30(b)(4). The Court interprets NRCP 28(a)(1) and NRCP 30 to allow the deposition officer to be in a separate location from the deponent. See SCR Part IX-B(A) and (B) Rule 9.

PROBATE

  1. Wills. Original wills may be sent by certified or express mail. In lieu of mailing an original will for filing, a photograph (not a scanned copy) of the original will may be electronically filed with the Court Clerk. The original will shall be submitted to the Clerk within 30 days of the re-opening of the Clerk’s Office.

CIVIL

  1. Extensions of Time Deadlines. Pursuant to NRCP 6(b), the Court recognizes the COVID-19 emergency as constituting “good cause” and “excusable neglect” warranting the extension of time in non-essential civil case types. This does not apply to the time deadlines that must not be extended under NRCP 6(b)(2) (motions under NRCP 50(b), 52(b), 59, and 60 and motions made after NRCP 54(d)(2) time has expired).
  2. Discovery Deadlines. Discovery deadlines, including deadlines for serving responses, pursuant to NRCP 31 (depositions by written questions), NRCP 33 (interrogatories to parties), NRCP 34 (producing documents, electronically stored information and tangible things, or entering onto land for inspection or other purposes) and NRCP 36 (requests for admissions) will be tolled from March 18, 2020, until thirty days after this order expires, is modified or is rescinded. Even so, the Court encourages discovery to proceed when at all possible.  All written discovery shall be exchanged by mail or through electronic means.
  3. Rule 35 Examinations. No Rule 35 examination may go forward until 30 days after the period this order is in effect. A party may file a motion with the Discovery Commissioner demonstrating good cause to proceed forward with a Rule 35 exam. Good cause in this context means an extreme emergency such as imminent destruction of evidence. The motion shall also include protocols for ensuring the safety of the examinee and an affidavit from the medical provider indicating that the provider is able to conduct the examination following those protocols.
  4. NRCP 25(a)(1). The COVID-19 pandemic poses special challenges for dealing with the death of a party and the timely substitution of a successor or representative. To alleviate those challenges, consistent with NRCP 1, NRCP 25(a)(1) is tolled during the period this order is in effect.
  5. Depositions. During the period this order is in effect, no in-person depositions shall proceed unless the lawyers stipulate to the deposition or obtain an order from the court after filing a motion demonstrating good cause for the need for an in-person deposition. Deposition by alternative means may proceed as provided in NRCP 30(b)(4).  The Court interprets NRCP 28(a)(1) and NRCP 30 to allow the deposition officer to be in a separate location from the deponent. See SCR Part IX-B(A) and (B) Rule 9.
  6. NRCP 41(e). This order shall continue to toll the time for bringing a case to trial for the purposes of NRCP 41(e) for the duration of this order and for a period of 30 days after this order expires, is modified or is rescinded by a subsequent order.
  7. Court Annexed Arbitration Program. This order shall operate to toll the time counted toward the one-year deadline for any case assigned to the Court Annexed Arbitration Program under NAR 12(B). The tolling shall be from March 17, 2020, until 30 days after this order expires, is modified or is rescinded by a subsequent order.

CRIMINAL

  1. Right to Speedy Trial. The time period of any continuance resulting from the stay of jury trials imposed due to the COVID-19 pandemic shall be excluded for purposes of calculating speedy trial time limits under NRS 178.556(1) and NRS 174.511. The Court finds that the pandemic constitutes good cause for the delay and the ends of justice served by delaying the jury trials outweighs the interests of the parties and the public in a speedy trial. The period of exclusion shall be from March 16, 2020, when the jury trial stay was first imposed through the date six weeks after this order is lifted. When continuing a speedy trial, judges should examine the custody status of the defendant.
  2. Guilty Plea Agreements. Guilty pleas and other documents that cannot be physically signed by the defendant must have the specific language: “Signature affixed by (insert name of defense counsel) at the direction of (insert name of defendant).” Defense counsel should then sign their client’s name on the signature line for the defendant.
  3. Specialty Court. Specialty court participants for any district court specialty court program who are out-of-custody may appear at status checks through alternative means.
  4. Certified Copies. Certified copies of prior felony convictions for the purpose of a habitual criminal determination shall be electronically filed with the Court prior to sentencing and captioned “Certified Copies of Prior Felony Convictions.” If the seal is contained on the back of a page, that page should be copied and attached to the last page of the conviction.
  5. Out-of-custody matters. Out-of-custody criminal guilty pleas and sentencings may proceed by alternative means at the discretion of the judge, keeping in mind the current limited time schedules for handling criminal cases.

JUVENILE DEPENDENCY

  1. Adjudicatory plea hearings held pursuant to NRS 432B.530 in dependency cases should proceed with the parents appearing by alternative means and submitting a written plea agreement. Adjudicatory trials and hearings regarding presumptions held pursuant to NRS 432B.153, 432B.157, 432B.159 and 432B.555 may also proceed by alternative means at the discretion of the judge.
  2. Disposition hearings. Disputed dispositions may be heard by video or telephone.

FINAL PROVISIONS

  1. Duration. This order shall be reviewed no later than every 30 days and shall remain in effect until thirty (30) days following the expiration of the March 12, 2020 Governor’s Emergency Declaration or until modified or rescinded by a subsequent order, whichever occurs earlier.

This is a searchable summary of the prior orders AOsummaryChart3_31_20

Press ctrl F to search document.

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5thingsLawyers

The judges, court staff and attorneys have done a tremendous job adapting to the significant changes that have been required to keep the court functioning during this extremely trying time for everyone. Everyone’s patience and adaptability is appreciated. Court personnel are wearing face coverings or masks while in the courthouse and attorneys are asked to do the same.

These are five things lawyers need to know about court operations during the Coronavirus pandemic

  1. Certified Copies All certified copies are now being issued electronically.
  1. Issuing Summons All summonses are now being issued electronically. The filer must use the filing code SEI. That routes the summons to a review queue so the clerk can issue the summons.
  1. Sealed Records Remember that if there is a request to seal a document through e-filing (filing code TSPCA), the document will be filed under seal and then undergo judicial review to determine whether the document should remain sealed.
  1. Time Limits For the time limits that are stayed, the time from whenever the applicable administrative order was filed until the orders are lifted, would not count. Otherwise, any time before and any time after would count. If something happens during the period the administrative orders are in effect (for example, if an Offer of Judgment was filed today) that time would not begin to run until the admin orders are lifted.

 

  1. Bench Trials Bench trials are proceeding. Any proposed exhibits need to be sent to the department electronically prior to the trial.

All the Nevada Eighth Judicial District Court orders related to COVID-19 can  be found in one searchable chart at AOSUMMARYCHART3_31_20 Once in the document, press cont F and enter a key word to search.

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can  also be found on the court website: HTTP://WWW.CLARKCOUNTYCOURTS.US/GENERAL/COURT-RULES-AND-ADMINISTRATIVE-ORDERS/#ADMINISTRATIVE%20ORDERS

 

 

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Top10Submitting Orders

ADMINISTRATIVE ORDER 20-10 COURT PROCESS

  1. The patience of all those accessing the court during the Coronavirus pandemic is greatly appreciated.
  2. Everyone is working hard to ensure that matters are being handled in a safe and efficient manner.
  3. It is important that lawyers not send extraneous e-mails to the department inbox.
  4. When sending emails to departments, use the naming convention in AO 20-10 for the subject line (full case number, filing code, case name).
  5. Send each order in a separate e-mail.
  6. All proposed orders for judicial departments should be e-mailed to the department inbox: DC??Inbox@ClarkCountyCourts.us
  7. Only orders should be sent to this e-mail.
  8. Orders should be attached in both a signed word document and a PDF.
  9. Stipulations or other proposed orders requiring a signature of another person must have email verification from that person attached as the last page of the document.
  10. The subject line of the e-mail should identify the full case number, filing code and case caption.  (For example: A-20-123456-C – ORDR – Smith v. Doe) No additional argument should be included in the body of the e-mail.

All the Nevada Eighth Judicial District Court orders related to COVID-19 can  be found in one searchable chart at AOSUMMARYCHART3_31_20 Once in the document, press cont F and enter a key word to search.

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can  also be found on the court website: HTTP://WWW.CLARKCOUNTYCOURTS.US/GENERAL/COURT-RULES-AND-ADMINISTRATIVE-ORDERS/#ADMINISTRATIVE%20ORDERS

 

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The Nevada Eighth Judicial District Court Chief Judge Linda Bell issued 12 orders so far in response to the COVID-19 pandemic. The orders cover all case types and will be extended by new forthcoming orders that will follow Nevada Governor Steve Sisolak’s April 1 Declaration.

All the Nevada Eighth Judicial District Court orders related to COVID-19 can  be found in one searchable chart at AOSUMMARYCHART3_31_20 Once in the document, press cont F and enter a key word to search.

The following  was issued from the office of Nevada Governor Steve Sisolak: Declaration of Emergency Directive 009 (Revised).4-01-20 (2)

A call center at 702-455-4472 is taking calls to assist with rescheduling court appearance, arranging for appearance by alternative means or provide other information based on the circumstances of the appearance.

To schedule a remote hearing or learn what options are available visit: HTTP://WWW.CLARKCOUNTYCOURTS.US/VIRTUAL/

The Family Law Self-Help Center is processing domestic violence Temporary Protective Order (TPO) applications by phone. Those facing domestic violence should call 702-455-1500, Monday through Friday from 8 a.m. to 4 p.m., to get a TPO facilitated by phone. Help is also available by email flshcinfo@lacsn.org.

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can also be found on the court website: HTTP://WWW.CLARKCOUNTYCOURTS.US/GENERAL/COURT-RULES-AND-ADMINISTRATIVE-ORDERS/#ADMINISTRATIVE%20ORDERS

 

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GovernorExecDir

The following  was issued from the office of Nevada Governor Steve Sisolak: Declaration of Emergency Directive 009 (Revised).4-01-20 (2)

All the Nevada Eighth Judicial District Court orders related to COVID-19 can  be found in one searchable chart at AOsummaryChart3_31_20 Once in the document, press cont F and enter a key word to search.

A call center at 702-455-4472 is taking calls to assist with rescheduling court appearance, arranging for appearance by alternative means or provide other information based on the circumstances of the appearance.

To schedule a remote hearing or learn what options are available visit: http://www.clarkcountycourts.us/virtual/

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can also be found on the court website: http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders

 

 

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Remote Hearings

A lot of work is being conducted by the District Court amid the COVID-19 outbreak, due to a tremendous undertaking to implement new processes and enable alternative hearings. All currently scheduled non-essential District Court hearings are ordered to be conducted by video or telephonic means; decided on the papers; or rescheduled unless otherwise directed by a District Court judge. A call center at 702-455-4472 is taking calls to assist with rescheduling court appearance, arranging for appearance by alternative means or provide other information based on the circumstances of the appearance.

To schedule a remote hearing or learn what options are available visit: http://www.clarkcountycourts.us/virtual/

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can be found on the court website: http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders

All the orders related to COVID-19 can also be found in one searchable chart at AOsummaryChart3_31_20 Press cont F and enter a key word to search.

The Nevada Eighth Judicial District Court of Clark County, Nevada is the largest general jurisdiction court in Nevada. This jurisdiction encompasses all municipalities and outlying communities of Clark County. The 52 district court judges serve more than 2.1 million citizens. The court serves as the trial court for Nevada and is part of the judicial branch of state government as set forth by the Nevada Constitution. The court is a forum for lawful dispute resolution insuring a balance of branch powers and constitutional protections. The Eighth Judicial Court handles family law matters, felony criminal matters and civil matter in excess of $15,000 in the jurisdiction of Clark County.

For a full overview of the District Court Administrative Order 20-01 see related story:

Nevada Eighth Judicial District Order Halts Jury Trials, Implements Telephonic Hearings And Implements Other Measures To Protect Community https://wp.me/p1tnuA-1Fj

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Eviction

The Las Vegas Justice Court issued an administrative order that addresses evictions and  other issues. Questions have poured into the county regarding evictions.

The Legal Aid Center of Southern Nevada has created a Legal & Financial Toolkit for anyone impacted by the fall-out from COVID-19. Learn what you should do following an eviction notice, lay off, reduction of hours & more. This toolkit is on their website under Featured News. lacsn.org
See the complete Las Vegas Justice Court Administrative Order Admin Order 20-03 Amended

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