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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: Judge Nancy Allf

The July 10 Civil Bench Bar Meeting at noon in courtroom 10D will offer up the latest information on changes to Alternative Dispute Resolution (ADR) practices. Attorneys who attend, will get the added benefit of .50 hour credit continuing legal education (CLE). The ADR update by Commissioner Erin Truman will be followed by a Nevada Supreme Court case update.

At the June Civil Bench-Bar Meeting, assistant court administrator Mike Doan with IT gave information on a File and Serve update. When documents are filed, all those on the case service list are noticed immediately. Prior to the change, the document would go into cue to be approved by the Clerk’s Office. If a document is rejected, notification will be sent to the service list in a separate email. It is incumbent upon the attorneys to check if a hearing is scheduled. The document link remains active for 30 days.

Many of the judges at the meeting weighed in on an informative panel discussion on jury selection that was facilitated by Bradley Johnson and Jake Smith. Jury Commissioner Mariah Witt was on-hand to address questions.

Attorney can see what judges preferences on jury selection are by visiting the court website: http://www.clarkcountycourts.us/departments/judicial/civil-criminal-divison

The topics of social media checks on jurors, jury selection time limits and jury questionnaires were discussed.

Some tips included what cannot be asked during voir dire:

There was a lot of discussion on jury questionnaires, which are reportedly being used with increased frequency. A panel member offered up a tip that it is unwise to use a question that opposing counsel has not stipulated to, because it may get raised as an issue later.

The Jury Commissioner gave a summary the process for questionnaires. The summonses for questionnaires are sent out around six weeks in advance. Jury Services works questionnaires in their trial schedule. Questionnaires are fit in between trials Jury Services can have multiple questionnaires in a week therefore is best to have advanced notice on the need to do questionnaires. A special briefing is given to potential jurors prior to questionnaires. Potential jurors are provided with an instruction sheet to inform them when they’re coming back. Notifications can be sent to potential jurors via email or text.

A number of judges offered up some thoughts on questionnaires. One judge said that lawyers don’t get to have grass under their feet but encouraged patience for jury selection, adding voir dire is an important phase of the case and questionnaires are good in cases that warrant them. Another judge added that if people are repeating themselves or going far afield there is an effort to speed them up.

Another judge reminded attorneys in attendance at the Bench-Bar that trials are our jobs. For jurors this is not their job and reminded that jury service takes jurors away from their job their family. In a relatively short trial or straightforward case, if potential jurors are forced to come down multiple times for a three-day trial, they are not going to be happy. Those at the Bench-Bar were urged to be cognizant of the inconvenience to potential jurors. Several judges also noted that potential jurors are lost when questionnaires are too long and if people are repeating themselves or going far afield an effort is made to try to speed them up. Those at the Civil bench-Bar were reminded that the jury questionnaires are a public record and attorneys must ensure that questionnaires don’t exceed the bounds of propriety.

Attorney Aileen Cohen spoke on the Cancer Action Network and urged those at the Bench-Bar Meeting to advocate on behalf of cancer programs. The meeting closed with a summary of new civil decisions by the Nevada Supreme Court.

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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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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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Wildfires in Northern Nevada have reportedly caused the Nevada Legislature website to go down just when many changes impacting the courts are going into effect. The good news is that attorneys who are looking to get the top information on legislation impacting the courts can get it at the Tuesday, July 11 Civil Bench-Bar Meeting. Judge Gloria Sturman will present a summary of the changes at the July 11 Bench-Bar meeting at noon in courtroom 10D.

The June Nevada Supreme Court decisions will also be reviewed at the Bench-Bar. Attorneys are encouraged to bring up other topics or questions they may have to be addressed. The Civil Bench-Bar meetings are a great opportunities for members of the Bar Association to get important information on the courts, network and grab a bite to eat.

Upcoming Dates/Events

Business Court Bench/Bar quarterly meeting – September 26, Courtroom 3H

Criminal Judges Meeting, August 16, at 12 p.m., Courtroom 16C

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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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The Eighth Judicial District business court will host a Bench Bar Meeting on March 28 at noon at the Regional Justice Center in courtroom 3H. The meeting will cover issues specific to the business court. Each of the five business court judges will offer an introduction. Performance information for 2016 will be provided; and questions, comments and concerns will be addressed. Bench Bar Meeting are a great way for attorneys to stay on top of new information and trends, network and clarify questions that can improve effectiveness in court.

 

 

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Eighth Judicial District Court judges have teamed up with the Legal Aid Center of Southern Nevada to offer insight on recent Nevada Supreme Court decisions with a free Continuing Legal Education (CLE) session on Jan. 27 from 11:30 a.m. to 1 p.m. at the Regional Justice Center, 200 Lewis Ave., courtroom 3A

The distinguished panel will include Judge Nancy Allf (moderator), Chief Judge Elizabeth Gonzalez, Judge Susan Johnson, Judge Gloria Sturman, Judge Timothy Williams
and Judge Michael Villani.

The cost for this one-credit CLE is free, contingent on acceptance of one new pro bono case or participation in two Ask-A-Lawyer sessions. Those who wish to participate can view case summaries and Ask-A-Lawyer opportunities. Register online to attend the CLE seminar. Lunch and refreshments will be provided.   

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