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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: 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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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 February 13 noon Civil Bench-Bar Meeting in courtroom 10D at the Regional Justice Center will be packed with useful information including, an update on important changes to jury services and must know information on criminal case sealing. The top five things you should know about the Legal Aid Center of Southern Nevada will also be covered, along with recent Nevada Supreme Court rulings and what they mean.

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The District Court Civil Division is closing out the year with a fun and enlightening Civil Bench-Bar meeting on Dec. 12 at noon in courtroom 10D. The meeting will give those a jump on 2018 with information on Rule 16.1. Discovery Commissioner Bonnie Bulla will share why 16.1 is alive and well. The Continuing Legal Education board will offer a heads-up on CLE changes. The civil law clerks have teamed up to provide an insiders’ perspective of the top 10 tips civil attorneys will want to know. An ugly sweater contest will cap off the lunch meeting that offers those in civil practice an opportunity to get their questions and concerns addressed by the District Court bench.

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Haul out your ugliest holiday sweater for the ugly sweater contest.

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On November 14 at noon, District Court judges and civil attorneys will convene in courtroom 10D of the Regional Justice Center at 200 Lewis Ave. for a bite to eat and great info. Representative from the State Bar of Nevada Vernon “Gene” Leverty, President and Kimberly Farmer, Executive Director will shed light on hot topics for the bar. At 12:15 p.m., Judge Timothy Williams will do a free Continuing Legal Education (CLE)  on Voir Dire: A Lawyer’s Ethical Obligation. The meeting will wrap up with a case presentation by luncheon sponsor Schwartz Flansburg PLLC. Lunch is limited to the first 80 attendees.

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Civil attorneys can stay cool, get updated on court news and grab lunch at the District Court Civil Bench-Bar meeting on Aug. 8 at noon in courtroom 3A at the Regional Justice Center.

Judge Jim Crockett will lead a discussion on minors’ compromises and inter-pleader actions. Judge Gloria Sturman will take on the topic of EDCR 2.22. Discovery Commissioner Bonnie Bulla will offer up important information on Discovery.  And Judge Allf will lead a discussion on possible standard protocols for electronic discovery.

Also on the agenda is a review of July Nevada Supreme Court Civil Decisions including:

Rural Telephone Co. v. Public Utilities Commission, 133 Nev. Adv. Op. No. 53 (August 3, 2017)

Peter Gardner v. Henderson Water Park, 133 Nev. Adv. Op. No. 54    (August 3, 3017)

LN Management LLC v. Green Tree Loan Servicing, 133 Nev. Adv. Op. No. 55 (August 3, 2017)

City of Sparks v. Reno Newspapers, Inc., 133 Nev. Adv. Op. No. 56 (August 3, 2017)

So. Calif. Edison v. State, Dep’t of Taxation, 133. Nev. Adv. Op. No 49

(July 27, 2017)

K&P Homes v. Christiana Trust, 133 Nev. Ad. Op. No. 51 (July 27, 2017)

Renfroe v. Lakeview Loan Serv., LLC, 133 Nev. Adv. Op. No. 50 (July 27, 2017)

So. Calif. Edison v. State, Dep’t of Taxation, 133. Nev. Adv. Op. No 49

(July 27, 2017)

If you can’t make the Aug. 8 meeting, schedule the upcoming Sept. 12 and Oct. 10 noon Civil Bench-Bar meetings that will offer special presentations and an opportunity to get the latest news that can impact your civil practice. Bench-Bar meetings are a great way to get current information about the court and to get questions or issues addressed with the bench.

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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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