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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: Family Court 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 April 5 Family Law Bench-Bar meeting at noon, will offer the latest case law updates and other important information that those practicing family law should know. The meeting will be held in courtroom 9, at 601 N. Pecos Road. Topics to be covered include, important information on records sealing, early case conferences, case law updates and a recognition portion. Bench Bar meetings are a great forum to get questions and issues addressed, network and learn the latest legislative and other changes impacting family law.

Mark your calendar now for the May 10, noon Family Law Bench-Bar meeting in courtroom 9 at Family Court.

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The upcoming Family Bench Bar Meeting on November 17 at noon, in courtroom 9 at Family Court 601 N. Pecos Road, will give attorneys the latest insight on what’s new for 2017. In addition to announcements and updates, an overview of Promise One and the Annual Family Law conference will be given. Discussion topics will  include transgender and the law, and proper  courtroom decorum. The Pro Bono Advisory Council Volunteer of the Month will be recognized. Attorneys are also invited to weigh in during the open forum. The Bench Bar meetings are a great way to raise issues, address questions and network.  There will be no Family Bench Bar meeting in December.

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The Family Court caseload has a significant volume of propria persona (pro per) cases. That volume presents challenges. Steps have been taken to help those who represent themselves with resources through the Family Law Self-Help Center and website http://www.familylawselfhelpcenter.org.

The push is also on to get attorneys practicing family law to be prepared for their cases, so that those cases are moving along as they should be. At the recent Family Bench Bar meeting, some suggestions were given to help attorneys get up to speed with new rules regarding timeliness. A top tip given was: present filings in fundamental, easily understandable language and limit length. In other words, less is more. Clear and concise writing is better for everyone.

Marital balance sheets were suggested as a useful tool for complex cases with a lot of assets to make mediation/settlement easier. They were also suggested as useful for cases with fewer assets. It was recommended to have opposing counsel coordinate the reference numbers and sync up the assets and numbering of those assets. The marital Balance sheet discussed at the Bench Bar Meeting can be found at http://www.willicklawgroup.com/clark-county-bench-bar-committee

A trial practice Continuing Legal Education (CLE) session is being developed to help attorneys review trial preparation and discovery to facilitate adherence to the rules of the court.

Parenting Coordination training was also on the agenda. A 12-credit CLE is being offered Apr. 21.

There was good news at the meeting including: If Public access fees have been paid for the first three months of 2016, they no longer have to be paid until next year. Your concerns about parking at the Family Court Campus were heard and 60 parking spaces were freed up in the Family Court parking lot by moving county vehicle parking to the rear of the campus.

The Pro Bono Advisory Council volunteer of the month Emily McFarling, Esq. was recognized for her service.

The next family Bench Bar is scheduled for May 12 in Courtroom 9 at Family Court 601 N. Pecos Road. Bench Bar meetings are a great way to learn about changes at the court and to address issues with the bench.

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Attorneys who attend the upcoming Family Bench Bar on January 28, will get info that should help navigate practicing in the Family Division. The meeting, to be held at noon in Family Courtroom 9 at 601 N. Pecos Road, will open with announcements and updates, followed by discussion topics including:

• Settlement Master Committee
• Bench v. Bar Chili Cook-off
• Paralegal Pro Bono Hours
• Domestic Violence Issues
1. Criminal Implications of Domestic Violence
2. Brief Overview of the TPO Process

The Pro Bono Advisory Council Volunteer of the Month Carrie Primas, Esq. will be recognized followed by an open forum. The bench bar meetings are a great way to stay up on changes, convey concerns and network and should help attorney to be more effective in court. The next Family Bench Bar will be March 31.

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