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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: Civil Bench Bar

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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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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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 ability to present testimony via video conference is up and running in all courtroom in the District Court at the Regional Justice Center. Easy access to video conferencing has been highly anticipated and a hot topic at several of the recent Civil Bench Bar meetings. It is expected to save time and money on testimony for out of town witnesses and aid in facilitating the testimony of those who face significant logistical challenges getting to court.

There are a few important considerations to keep in mind including: Counsel/Party must agree to provide all exhibits to the Party or Witness in advance in the same form as have been or will be submitted to the Court Clerk. Any objection to a request must be made in writing within two judicial days of service of a request. Counsel/Party must agree that by submitting a request, the party and witness (or their respective representatives) will test and verify the functionality of video conference connectivity with the court IT department at least two judicial days before the scheduled appearance.  The video conference request form can be found under Court News at Audio/Visual Appearance Request InstructionsFull agreement of counsel isn’t necessary for video testimony to be used; it is up to the judge.

Part IX of the Nevada Supreme Court Rules Governing Appearance by Audiovisual Transmission Equipment can be viewed at https://www.leg.state.nv.us/CourtRules/SCR_AudTranEquip.html. As posted on this site, “The intent of this rule is to promote uniformity in the practices and procedures relating to audiovisual transmission equipment appearances in civil cases.” It’s important to note the following excerpt: “A party choosing to appear by audiovisual transmission equipment at a hearing, conference, or proceeding under this rule must either: Place the phrase “Audiovisual Transmission Equipment Appearance” below the title of the moving, opposing, or reply papers; or at least three court days before the appearance, notify the court and all other parties of the party’s intent to appear by audiovisual transmission equipment. If the notice is oral, it must be given either in person or by audiovisual transmission equipment. If the notice is in writing, it must be given by filing a “Notice of Intent to Appear by Audiovisual Transmission Equipment” with the court at least three court days before the appearance and by serving the notice at the same time on all other parties by personal delivery, fax transmission, express mail, or other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day.”

Bench Bar meetings are one of the best ways to stay up on what’s new in court and to get clarification on issues that surface. On Oct. 24, a joint Guardianship and Probate Bench Bar meeting will be held at the Nevada State Bar office at 3100 S. Charleston Blvd. from 11:30-1:30 p.m. The Blue Ribbon Guardianship Commission will present their report and recommendations on guardianship in Nevada. Attendees will get free Continuing Legal Education (CLE) credit and lunch will be served.

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The next Civil Bench Bar Meeting of the Eighth Judicial District Court will offer insight on the latest court developments including changes to some discovery procedures.  The meeting will be Tuesday, Sept. 13 at 12:05 p.m. in courtroom 15D at the Regional Justice Center, 200 Lewis Ave. The Civil Bench Bar is designed to bring the judiciary and members of the bar together to discuss ways to improve the processing and handling of civil matters.  All members of the bar are welcome. Lunch will be provided.

At the August Civil Bench Bar meeting, Discovery Commissioner Bonnie Bulla emphasized that discovery related to the “sale of medical liens” to a third party will not be permitted. As the Nevada Supreme Court explained in Khoury, the amount a lien is sold for is “irrelevant to a jury’s determination of the reasonable value of medical services provided.” However, evidence of the existence of a medical lien will be permitted as it may be evidence of bias. However, footnote 6 to the opinion, which limits the use of such evidence, should be reviewed.

Attendees also got an overview of the Nevada Eighth Judicial District Court Guide and File system that made the list of the top-10 court technology solutions as named by the National Association for Court Management (NACM).

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Attorneys in civil practice are invited to escape the heat, grab a bite and pick up tips to improve their practice at the Civil Bench Bar Meeting Tuesday, Aug. 9 at 12:05 p.m.  in District Court courtroom 15C at the Regional Justice Center. Changes that will occur as a result of new Justice Court civil case thresholds were discussed at the July Bench Bar.

On the Agenda is a Review of July NV Supreme Court Civil Decisions:

  1. Golden Road Motor Inn, Inc. (Atlantis) v. Islam, 132 Nev.Ad.Op. 49 (July 21, 2016) (4-3) (38-page decision)
  2. Khoury v. Seastrand, 132 Nev.Ad.Op. 52 (July 28, 2016) [5-1(concurring)] (31-page decision)
  3. Humboldt General Hospital v. District Court, 132 Nev.Ad.Op. 53 (July 28, 2016)
  4. Nationstar Mortgage, LLC v. Rodriguez, 132 Nev.Ad.Op. 55 (July 28, 2016)(7-0)

The committee is open to new suggestions and issues of concern to bar members.  The Civil Bench Bar is designed to bring the judiciary and members of the bar together to discuss ways to improve the processing and handling of civil matters.  All members of the bar are welcome.

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The Civil Bench Bar is this Tuesday, July 12 at 12:05 p.m. in courtroom 15D at the Regional Justice Center. Lots of hot topics will come up that will help those practicing civil law. Discussion will include the Courts’ jurisdictional limits, arbitration, etc.

Last month’s Bench Bar offered up a useful discussion of videoconferencing which is taking root in District Court. The biggest issue to surface with using video-conferencing is the speed of video line on other end. It was suggested that using public Wi-Fi in Starbucks in New York in the afternoon generally doesn’t work out well. In order to use video-conferencing, judicial approval is required five days prior. A drafted form is in the approval process. No rules change is needed.

Discovery was another hot topic at the June meeting. Volume for requests for discovery continuances has increased dramatically. The Discover Commissioner Bonnie Bulla told those in attendance, “We’re happy to continue discovery as long as trial date stays in place.” If it requires a change in trial date the request for continuance will be forwarded to the department or returned to counsel for submission to the department.

Top 5 Discovery tips offered at the June Bench Bar Meeting:

A request for discovery extension should include an explanation why the request is being made and must comply with Eighth Judicial Court Rule 2.35 http://www.trucounsel.com/edcr/part-ii-civil-practice/rule-235-extension-of-discovery-deadlines.

If you are submitting a motion to discovery, ensure that “Discovery” is indicated on the first page of the motion. But if you want to extend the discovery deadlines and trial date, please submit your motion to the department to be heard by the judge.

If you are a new party to a case, you may request an Early Case Conference under NRCP 16.1. After the conference, a supplemental Case Conference Report must be filed. However, once discovery issues a scheduling order you must submit an EDCR 2.35 stipulation or motion to be able to extend your discovery deadlines.

Please make certain that your discovery dates do not fall on holidays or weekends. Select date that work for the discovery to be completed so that your trial date will be meaningful.

If your requested a settlement conference in your Case Conference Report and you do not receive a date for one, please contact Department 30 at (702-671-3633) to inquire as to the status.

Nevada Supreme Court Decisions that will be reviewed at the July Bench Bar:

Review of Last Month’s NV Supreme Court Civil Decisions:

  1. Sparks v. Bare, 132 Nev.Ad.Op. 43 (June 16, 2016)(3-0): NRS 189.030(1), which provides a municipal court has 10 days to “transmit to the clerk of the district court the transcript of the case [and] all other papers relating to the case [along with] a certified copy of the docket” after notice of appeal is filed, does not confer a duty on the municipal court to provide a transcript for a defendant’s misdemeanor appeal.
  2. Scenic Nevada, Inc. v. City of Reno, 132 Nev.Ad.Op. 48 (June 30, 2016)(7-0): Nev. Const. Art. 19, §2(3) prohibits the Legislature from amending or repealing a voter-initiated statute for three years after it takes effect.

Upcoming Dates/Events:

  1. Civil Judges’ Meeting, July 27, 2016, 12:00 p.m. (noon), Courtroom 14C
  2. Civil Bench-Bar Meeting, August 9, 2016 at 12:05 p.m. in Courtroom 15D
  1. The Medical/Dental Malpractice Status Check Calendar will be held on Monday, August 1 at 8:30 a.m. and 1 p.m. at the Regional Justice Center, 200 Lewis Ave., Las Vegas, Nevada in Courtroom 14A.
  2. Construction Defect sweeps will be held 7-8. Judge Wiese and the Construction Defect Bar will offer a CLE on day two.

 

 

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