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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: District Court bench

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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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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Michael Kagan was recognized by the District Court bench as the Legal Aid Center of Southern Nevada Pro Bono Volunteer of the Month for January. Judge Joanna Kishner presented the award to Michael who serves the UNLV Immigration Clinic director.

The Legal Aid Center of Southern Nevada provided the below nomination information:

“Michael directs the Immigration Clinic at UNLV and teaches administrative law, professional responsibility, international human rights and immigration law. Before taking the position at UNLV, he worked in the Middle East for 10 years developing legal aid programs for refugees from Sudan, Iraq Somalia, Ethiopia and Eritrea. During his first year out of law school, he started a program in a loft above an Anglican Church in Cairo, Egypt where were trained educated Sudanese refugees to help other Sudanese refugees to prepare their cases for refugee protection and resettlement.

Under his direction, the Immigration Clinic trains student attorneys to represent people in complex deportation cases, innovates new ways to offer legal advice and representation to underserved people in immigration proceedings, and seeks to be a catalyst to expand legal services for the most at-risk indigent immigrants in Nevada. He also consults with the Clark County Public Defender on immigration considerations for non-citizen defendants in criminal cases.

When we asked Michael why he does pro bono work, he responded, “At the Immigration Clinic, all of our work is pro bono. I’ve been a client of free legal services at points in my life when I would have had trouble affording it. I just think access to justice is a right, no matter how much money people have.” remembers a Sudanese refugee he represented who was able to escape from Egypt.  The day before his client got on the plane, his client gave him a hug and said, “You’ve given my children a better life.” This was one of the most powerful things anyone has ever told him as a thank you.

For his commitment to representing clients with immigration issues, we honor Michael Kagan as the January Pro Bono Volunteer of the Month.”

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