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Info about the Eighth Judicial District Court.

Category Archives: EJDC 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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The July 10 Civil Bench Bar Meeting at noon in courtroom 10D will offer up the latest information on changes to Alternative Dispute Resolution (ADR) practices. Attorneys who attend, will get the added benefit of .50 hour credit continuing legal education (CLE). The ADR update by Commissioner Erin Truman will be followed by a Nevada Supreme Court case update.

At the June Civil Bench-Bar Meeting, assistant court administrator Mike Doan with IT gave information on a File and Serve update. When documents are filed, all those on the case service list are noticed immediately. Prior to the change, the document would go into cue to be approved by the Clerk’s Office. If a document is rejected, notification will be sent to the service list in a separate email. It is incumbent upon the attorneys to check if a hearing is scheduled. The document link remains active for 30 days.

Many of the judges at the meeting weighed in on an informative panel discussion on jury selection that was facilitated by Bradley Johnson and Jake Smith. Jury Commissioner Mariah Witt was on-hand to address questions.

Attorney can see what judges preferences on jury selection are by visiting the court website: http://www.clarkcountycourts.us/departments/judicial/civil-criminal-divison

The topics of social media checks on jurors, jury selection time limits and jury questionnaires were discussed.

Some tips included what cannot be asked during voir dire:

There was a lot of discussion on jury questionnaires, which are reportedly being used with increased frequency. A panel member offered up a tip that it is unwise to use a question that opposing counsel has not stipulated to, because it may get raised as an issue later.

The Jury Commissioner gave a summary the process for questionnaires. The summonses for questionnaires are sent out around six weeks in advance. Jury Services works questionnaires in their trial schedule. Questionnaires are fit in between trials Jury Services can have multiple questionnaires in a week therefore is best to have advanced notice on the need to do questionnaires. A special briefing is given to potential jurors prior to questionnaires. Potential jurors are provided with an instruction sheet to inform them when they’re coming back. Notifications can be sent to potential jurors via email or text.

A number of judges offered up some thoughts on questionnaires. One judge said that lawyers don’t get to have grass under their feet but encouraged patience for jury selection, adding voir dire is an important phase of the case and questionnaires are good in cases that warrant them. Another judge added that if people are repeating themselves or going far afield there is an effort to speed them up.

Another judge reminded attorneys in attendance at the Bench-Bar that trials are our jobs. For jurors this is not their job and reminded that jury service takes jurors away from their job their family. In a relatively short trial or straightforward case, if potential jurors are forced to come down multiple times for a three-day trial, they are not going to be happy. Those at the Bench-Bar were urged to be cognizant of the inconvenience to potential jurors. Several judges also noted that potential jurors are lost when questionnaires are too long and if people are repeating themselves or going far afield an effort is made to try to speed them up. Those at the Civil bench-Bar were reminded that the jury questionnaires are a public record and attorneys must ensure that questionnaires don’t exceed the bounds of propriety.

Attorney Aileen Cohen spoke on the Cancer Action Network and urged those at the Bench-Bar Meeting to advocate on behalf of cancer programs. The meeting closed with a summary of new civil decisions by the Nevada Supreme Court.

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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 May 9 Civil Bench Bar meeting will offer an inside look at the new Nevada Supreme Court at 408 E. Clark Ave. with a special tour from noon to 12:30 p.m.  Parking is available at the Historic Fifth Street School (401 S. 4th Street, across from the NV Supreme Court).  Those who plan to attend should meet in the foyer of the Supreme Court Building at noon. The remainder of the meeting and lunch will then get underway at 12:30 p.m. in the Historic Fifth Street School Gallery.

On the agenda will be a review of Last Month’s NV Supreme Court Civil Decisions:   

Petit v. Adrianzen, 133 Nev. Adv. Op. No. 15 (April 13, 2017)

Honorable Catherine Ramsey v. The City of North Las Vegas,

133 Nev. Adv. Op. No. 16 (April 13, 2017)

Solid v. The Eighth Judicial District Court, 133 Nev. Adv. Op. No. 17
(April 27, 2017)

PERS v. Gitter, 133 Nev. Adv. Op. No. 18 (April 27, 2017)

In re: Connell Living Trust, 133 Nev. Adv. Op. No. 19 (May 4, 2017)

The meeting will conclude with discussion of hot topics and issues affecting civil practice.

Upcoming Dates/Events:

Criminal Judges’ Meeting, June 21, 2017 at 12:00 (noon); place 16C

Civil Judges’ Meeting: May 17, 2017, 12:00 p.m. (noon), Courtroom 15D

Civil Bench-Bar Meeting, June 13, 2017 at 12:00 (noon)

All-Judges Meeting, June 14, 2017, Courtroom 15

Family Judges Meeting, June 2, 2017

The investitures for our newest judges will be held at the Clark County Commission Chambers June 2, 2017 from 2:30 p.m.-5 p.m. with a reception at the Pyramid-cafeteria following the ceremony.

Business Court Bench/Bar quarterly meeting – TBD

State Bar Annual Meeting – June 29, 30 and July 1, 2017 – Austin, Texas

CCBA – Meet Your Judges Mixer – May 18, 2017 – Cili at Bali Hai Golf Club5:30 p.m. – 8:30 p.m.

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