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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: Judge Jim Crockett

Motions in Limine can be a game-changer in a case. That’s why it’s a good idea to attend the May 8, noon Civil Bench-Bar meeting in courtroom 10D, with free (continuing legal education) CLE on Motions in Limine. The session will offer useful tips on making the most of Motions in Limine and other information to up your game and help meet CLE requirements. The panel will include Judge Elissa Cadish, Judge Jim Crockett and Judge Gloria Sturman. moderators will be Dan Polsenberg, Esq. and Josh Cole Aicklen, Esq. A summary of the recent Nevada Supreme Court rulings will also be done by the Richard Harris Law Firm. Civil Bench-Bar meetings are a great forum to get questions or concerns addressed and to network.

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At the December Civil Bench Bar, judicial law clerks/former law clerks shared some insider tips on how to improve court filings.

Judicial law clerks work closely with judges, provide assistance and research issues before the judge. They help judges wade through and manage the mountains of filings that come into a department and know first-hand what makes a good filing and where filings fall short. A panel of judicial law clerks including: Josephine Groh, Collin Jayne, Travis Chance and Daven Cameron compiled their Top Ten Things Judicial Law Clerks Want You to Know.

Late filings are high on the list of things law clerks advise against. The law clerks acknowledge that deadlines creep up and there is a lot going on; but, lawyers should know that judges brief in advance, sometimes as much as a week before a hearing. Filing the day before a hearing doesn’t allow adequate time to review content and generally doesn’t go over well. One former law clerk called late filings “incredibly burdensome.”

Law clerks advise that Order Shortening Time requests should be used very sparingly. There are guidelines that should be referenced. Presently, they are overused and bog down calendars.  If it is a Despositive Motion and you’re asking for an Order Shortening Time, allow enough time for both sides to brief.

Good introductions are well appreciated by law clerks. A good introduction paragraph saves judicial departments time and are likely to result in better outcomes for those filing. A good introduction paragraph should clearly state what you are asking for and the arguments and essentially serve as a road-map for what the petitioner is seeking.

Good conclusions also get high marks from law clerks. Conclusions should be solid and summarize what type of relief the petitioner seeks in a clear and concise manner.  Don’t leave it up to the judge to guess.

When it comes to courtesy copies, law clerks suggest that is wise to know what the department preferences are and follow that. Each department’s preferences can be found on the court website.

Law clerks advise to stay up on department reassignments. If a case has been reassigned, it should be reflected in your filings. Those who reference the wrong department in filings risk losing credibility.

When a judge requires something  it is best to comply rather than use the argument: you’re the only department that requires this. It’s generally safe to say, this argument doesn’t help your case. Judicial preferences are on the website http://www.clarkcountycourts.us/departments/judicial/civil-criminal-divison/

Know what a department expects for trial exhibits, before trial. Know in advance what is needed and how exhibits should be presented. When in doubt, contact the court clerk in enough time to be ready for trial. Be sure to redact all personal identifying information that should not be made public including: social security numbers, bank account numbers, etc. Tabbed exhibit are especially well liked.

Proper punctuation is a good thing. Avoid overusing explanation points, bold text and italics. These overused formats don’t make your case more persuasive and may in fact negatively impact the perception of your work. Avoid personal attacks to opposing counsel. Such attacks are viewed unfavorably.

When writing a complaint, be concise and clear. Check templates to ensure they reflect changes in the law.

Some bonus topics were also covered by the law clerks. They advised that Motions in Limine are overused and frequently used improperly. They get a lot of requests to make the other side “follow the law.” Such requests are inappropriate and considered to waste time. A judge reminded those at the bench-bar that attorneys should follow EDCR 2.47 B . The rule requires that counsel personally confer on the issues, what can be resolved and what cannot, and the reasons therefore. If the rule isn’t followed and detailed in a declaration, some judges will vacate motions in limine.

The law clerks also reminded those at the bench-bar to be cognizant when speaking to law clerks that your communication is appropriate. Law clerks work on behalf of judges. Be careful not to engage in ex parte communication when speaking to a law clerk.

A presentation from the Nevada State Bar Association updated attendees on changes with continuing Legal Education (CLE). The Nevada Bar website has a complete list of changes that attorneys can review to ensure that they are compliant with CLE requirements.

Some important dates from the Nevada State Bar Association on  continuing Legal Education (CLE):

1/15/18 CLE Board will notify attorneys that have yet to comply with the

Credit requirement for 2017 and provisionally assess a $100

Extension fee

2/15/18 Deadline to report credits (extended) and pay fees

On or about

3/1/18 CLE Board issues Notice of Noncompliance and assesses late fee

4/1/18Deadline to submit credits (late) and/or pay fees to avoid suspension

4/2/18 Non-compliant attorneys will be administratively CLE suspended

The January 9 Civil Bench Bar meeting at noon in courtroom 10D will include more valuable information for those practicing civil law and an open forum for questions and discussion. The meeting will also include chili cook-off.

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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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