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eighthjdcourt

Info about the Eighth Judicial District Court.

Category Archives: Joint Bench Bar Meeting

New proposed statewide rules for guardianship were a hot topic at the recent Joint Guardianship/Probate/Trust/Elder Law Bench Bar Meeting. James Berchtold and John Michaelson, who both served on the Nevada Guardianship Commission sub-committee tasked with developing new guardianship forms, provided an overview. The sub-committee that worked on the forms kept pro se litigants in mind as they developed and vetted the forms. It is not clear yet if the forms will be mandatory. The new proposed rules are referred to the Nevada Rules of Guardianship Procedure NRG. The EJDC guardianship rules that the court had been operating under have been suspended.

There are 81 proposed forms for guardianship, totaling 360 pages. The comment period for the proposed rules and forms closes July 5. See the First Interim Report Attached Proposed Guardianship Rules and Forms Filed First Interim Report of the Guardianship Commission.at this link:  18-20489

Comments must be made in writing to the Nevada Supreme Court by July 5, 2018, at 5:00 p.m. to the Nevada Supreme Court Clerk’s Office, 201 South Carson Street, Carson City, Nevada 8970.

A public hearing will be held July 18 at 1:30 p.m. in the Nevada Supreme Court courtroom at 201 S. Carson Street in Carson city, NV and video-conferenced to the courtroom at 408 E. Clark Ave in Las Vegas. (Filed Order Scheduling Public Hearing and requesting Public Comment: 18-20646).

Another topic of interest at the joint bench-bar meeting: The Electronic Notary Act is going into effect July 1. Assembly Bill 413 out of the legislative committee on the judiciary has the details: https://www.leg.state.nv.us/Session/79th2017/Bills/AB/AB413.pdf

As of July 1, remote notarization will be allowed  in Nevada, one of first three states to adopt the new law governing electronic notarization of documents. Special training and licensure requirements are necessary to perform electronic notarization, including the requirement that the  Notary archive  the electronic record of the notarization process. The Secretary of State’s Office has  prepared for the new process, and  plans are in the works to have a representative attend a future joint bench-bar meeting to provide an overview of the statutory changes and related  regulations, and address questions.

The question of presumptively confidential documents was discussed at the bench-bar. A reminder was given to be cautious about including personal information such as Social Security numbers that can be viewed publicly. Attorneys were directed to ADKT 410 section 6 on redaction https://www.leg.state.nv.us/CourtRules/PCD.html and  Supreme Court Rules  Part VII  Rules Governing Sealing and Redacting Court Records.

Judge Gonzalez asked those in attendance at the bench-bar meeting for comments on processes to improve probate and adult guardianship. A court committee has been established to examine ways to improve those processes. The incoming Chief Judge Linda Marie Bell will chair the committee. Comments can be directed to her office.

The joint bench-bar meetings are a great way to stay current on what’s happening in the areas of guardianship/probate/trust/elder law.

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A joint Bench Bar meeting will be held Monday, May 15 from noon to 1 p.m. in the Regional Justice Center courtroom 10D, 200 Lewis Ave.  The meeting will offer information to help navigate legislative changes and should prove to be useful for those practicing probate, trust, and elder law. First on the agenda, is a legislative report to help attendees get up to speed on changes with guardianship. Recent Nevada Supreme Court decisions will be covered in the meeting and other hot topics will be discussed. Lunch will be sponsored by the Probate Section of the State Bar of Nevada.

Agenda:

Legislative report:

Dara Goldsmith report on Senate Judiciary Hearing May 8, 2017 AB 150 private professional guardians; AB 254 jurisdiction over trusts in guardianship matters; AB 288 protection of older persons; AB 319 guardianship of minors–proposed Chapter 159A, while adult guardianship cases remain governed by Chapter 159

Sections Bill AB 314—Alan Freer

Report on remaining Guardianship Bills (several have significant fiscal impact and are pending in the Finance committees)   See attached report

Other new business:

Supreme Court decision:  In re:  WN Connell and Marjorie T. Connell Living Trust,  133 Nev. Adv. Op. 19 (5/4/17)

Status of Graham BK claims/Reassigned cases—after Court Personnel leave

Section Reports

Probate Section—Elizabeth Brickfield

Elder Law Section—Cary Payne

Old business:

Questions or concerns about case transfers, RJC handicapped access, Guardianship Compliance; Probate Closures; Web Portal.

Probate/Discovery Commissioners:   Wes Yamashita (Jury Duty?) Bonnie Bulla

Guardianship issues:   Judges Potter, Ochoa, Sturman

Eighth District Court Rules (EDCR)

GUARDIANSHIP EDCR:  following the legislative session & Supreme Court Rules, revision of EDCR may be necessary, Judge Kishner, Chair of Rules Committee will discuss process.

Next meeting:

Bench Bar Probate Section June 12, 2017 (tentative SBN & video conference) Elder Law Section

Adjourn

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