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eighthjdcourt

Info about the Eighth Judicial District Court.

Category Archives: NV EJDC Administrative Orders

District Court Chief Judge Linda Marie Bell issued Administrative Order 22-09 that outlines changes made to case assignments in juvenile delinquency and dependency, and changes in assignments in the civil/criminal division.

View/download Administrative Order 22-09

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/http://www.clarkcountycourts.us/res/rules-and-orders/2022-06-04_09_52_44_ao%2022-09.pdf

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Regional Justice Center at 200 Lewis Ave

New District Court Administrative Order 22-08 gives attorneys clear information on Deposition Behavior: http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders
The 23-page Order also includes information on what is not acceptable in Discovery including gamesmanship: “There is no room for gamesmanship in the discovery process.  It is antithetical to the purpose of discovery and unethical.  Manipulation of the discovery rules frustrates the entire process, “because one of ‘[t]he purpose[s] of discovery is to remove surprise from trial preparation so the parties can obtain evidence necessary to evaluate and resolve their dispute.”

Attorneys should read the entire administrative order to be ready to ace disposition behavior http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders

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District Court Chief Judge Linda Marie Bell issued Administrative Order 22-06 today. The order modifies Juvenile delinquency procedures.

To view the order

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Today, District Court Judge Linda Marie Bell issued Administrative Order: 22-05 that outlines civil/criminal case reassignments to further foster consistency, efficiency, and fairness. Accordingly, pursuant to EDCR 1.30(b), effective March 28, 2022, the following departments will have the case assignments set out below. Civil/Criminal Division Assignments Department 2 will have an all-criminal assignment, including homicide. Department 2 will replace Department 9 on the homicide team, and the homicide cases currently being heard in Department 9 are reassigned to Department 2. Department 2 will replace Department 9 on the Outlying Track of the Criminal Case Flow Model. All civil cases currently being heard by Department 2 will be reassigned to Department 9. Department 2 will continue to preside over MAT Re-Entry Court. Department 9 will have a civil and criminal assignment. All homicide cases currently being heard by Department 9 will be reassigned to Department 2. Department 9 will replace Department 2 on Track 13 of the Criminal Case Flow Model. All civil cases currently being heard by Department 2 will be reassigned to Department 9. The EJDC Administration will publish the list of cases affected by the aforementioned reassignments on the EJDC website and will further publish an updated Criminal Case Flow Model. The Administrative Order shall supersede any prior administrative orders regarding these assignments.

To view the full Order 22-05

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The Chief Judge is responsible for supervising the administrative business of the Eighth Judicial District Court, ensuring the quality and continuity of its services, supervising its calendar, reassigning cases as convenience or necessity requires, assuring the court’s duties are timely and orderly performed and otherwise facilitating the business of the District Court. NRS 3.025; see also EDCR 1.30(b).  This Court now modifies the following assignments to further foster consistency, efficiency, and fairness.

Accordingly, pursuant to EDCR 1.30(b), effective January 18, 2022, the following departments will have the case assignments set out below.

Department 6 will continue to have a criminal assignment, remain on the homicide team, and continue to serve on the Outlying Track of the Criminal Case Flow Model.  One-third of the open and one-third of the closed non-homicide criminal cases in the outlying criminal track will be randomly reassigned to Department 10.

Department 9 will continue to have a criminal assignment, remain on the homicide team, and continue to serve on the Outlying Track of the Criminal Case Flow Model.  One-third of the open and one-third of the closed non-homicide criminal cases in the outlying criminal track will be randomly reassigned to Department 10.  Department 9 will continue to preside over MAT Re-Entry Court along with Department 2. 

Department 10 will continue to have a criminal assignment and remain the homicide team case management judge.  Department 10 will serve on the Outlying Track of the Criminal Case Flow Model and hear matters on Mondays and Wednesdays.  All non-homicide criminal cases currently being heard in Department 10 will be reassigned to Department 11.

Department 11 will have a civil and criminal assignment.  Department 11 will replace Department 10 in Track 3 of the Criminal Case Flow Model.  Forty percent of all civil cases currently assigned to this department will be randomly reassigned to all other civil departments in proportion to the currently established caseloads for each department.  The remaining 60% of all civil cases will remain in Department 11. 

Criminal In-Custody Calendars (COVID-19 Schedule)

 Video 1Video 2Video 3Video 4
M/WT/ThF Hom.M/WT/ThF Hom.M/WT/ThM/WT/Th
8:30T. JonesWieseT.JonesTrujilloCraig BallouHardyVillaniJohnson
9:30     Bluth    
11:00HolthusLeavittLeavittSilvaKierny IsraelBluthSpellsEller
1:30DelaneyNewberrySilvaRoohani      

Criminal Out-Custody Calendars (COVID-19 Schedule)

 M/WT/Th M/WT/Th M/WT/ThM/WT/Th
8:30T. Jones         
9:30 Wiese TrujilloCraig BallouHardyVillaniJohnson
10:30   Silva   Bluth  
12:00HolthusLeavitt  Kierny Israel SpellsEller
2:30DelaneyNewberry Roohani      

The EJDC Administration will publish the list of cases affected by the aforementioned reassignments on the EJDC website and will further publish an updated Criminal Case Flow Model.  This Administrative Order shall supersede any prior administrative orders regarding these assignments.

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Since a state of emergency was declared in response to the COVID-19 pandemic, District Court has taken significant measures to keep court cases moving in a safe manner. New Administrative Order 22-02 pauses jury trials that are expected to take longer than a calendar week.

With the recent surge in COVID-19 cases in Clark County, it has become challenging for the court to complete lengthy jury trials. The disruption of trials raises concerns about potential mistrials, increased cost to litigants, and unnecessary inconvenience to jurors. At the same time, the Court is aware of the importance of continuing to conduct trials when possible. Therefore, jury trials that are expected to take longer than a calendar week are paused for 30 days from the date this order is filed. Jury trials that can be completed within a calendar week should move forward under the COVID-19 Jury Trial Plan and AO 21-09.

Read the full Administrative Order 22-02 to get all the details.

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Despite having six months of trials after the pandemic trial halt, District Court civil trial numbers are not going down. To address the backlog, a joint Nevada Supreme Court and Eighth Judicial District Court administrative order has been issued. 

The order reiterates several EDJC rules, including that judges must set a minimum of 10 cases per trial stack and cases must be set for trial no later than six months after the discovery cutoff. Judges are required to follow and enforce the rules for continuing trials, including making a finding of good cause for a continuance. Once a trial is set calendar call, per the order, any continuance requires a written motion and a finding by the judge of extraordinary circumstances. COVID infections support a finding of good cause – the court will be sensitive to people’s health related concerns and consider giving them the option to file affidavits under seal where appropriate.

A motion to continue must be supported by an affidavit, or if there is not sufficient time, oral sworn testimony from the lawyer. Also, if a witness is unavailable, EDCR 7.30(b) has specific requirements that must be imposed. Trials may not be vacated by stipulation, and a motion to withdraw man not be granted if it would delay trial. EDCR 2.69 requires lawyers to appear at calendar call ready to go with exhibits, jury instructions, proposed void dire questions, etc. 

The order also creates a civil trial reassignment calendar. Civil judges will be setting trials that are ready to go – when they are ready to go.  Any trials the judge cannot manage because of conflicts with other trials, will be reassigned. The court will have a calendar every Thursday to address any trials that need reassignment for the next week. Peremptory challenges are not permitted by rule; however, to address concerns that have previously made civil reassignments unsuccessful, a strike list method will be used at the assignment calendar.

If a case has settled, the parties must provide a written stipulation or agree to enter the agreement in the minutes of the court. If the agreement is entered into the minutes, the judge will set a status check within 21 days to ensure the settlement documents are provided. 

It is understood that these and other strategies put forth in the order will be a significant practice change for some. Civil attorneys should thoroughly review the entire order.

Everyone’s cooperation and adherence to these essential measures will be appreciated as we work our way out of the pandemic backlog.

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New Administrative Order 21-04 continues the District Court’s response to the COVID-19 pandemic. For purposes of clarity and to avoid confusion, this order supersedes AO 20-01 through 20-13, 20-16, 20-17, 20-22, 20-23, 20-24, and 21-03.  Any portions of those orders that remain in effect are included in this order.  AO 20-14 (the process for electronic processing of search warrants) remains in effect.  Except where otherwise noted, this order takes effect upon filing.

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Nevada Governor Steve Sisolak extended the current statewide pause to contain the coronavirus to Feb. 15. In line with that, Administrative Order 21-01 was jointly issued by Nevada Supreme Court Chief Justice James Hardesty and Nevada Eighth Judicial District Court Chief Judge Linda Bell. Administrative Order 21-01 extends restrictions on in-person court operations with some exceptions.

(1) Criminal Grand Juries have commenced with meeting again this week.

(2) Jury trials will recommence on Feb. 1.

(3) In-person bench trials may resume on Feb. 1, as long as social distancing is observed.  Handling matters by alternative means is preferred.

(4) Judicial Investitures will be an exception to the prohibition against in-person court meetings given that we have secured a few large space at the convention center and that we will comply with the Governor’s cap on gathering size. 

The full order provides specifics on court measures to continue to prevent the spread of the coronavirus at court facilities.

Administrative Order 21-01

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Nevada Eighth Judicial District Court Chief Judge Linda Bell issued Administrative Order 20-18 to make way for a large bench-trial arranged to meet social distancing requirements.

The trial is scheduled for the case to address disputes surrounding recreational marijuana dispensary licensing and is expected to involve a number of parties and their lawyers. Safety protocols, including masks and social distancing, will be observed to protect against transmission of the coronavirus.

Administrative Order 20-17 provides a summary of the District Court measures that are in place to address the impacts of coronavirus.

Related:

Bench trial scheduled for recreational marijuana dispensary licensing case

Bench trial scheduled for recreational marijuana dispensary licensing case

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