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eighthjdcourt

Info about the Eighth Judicial District Court.

Tag Archives: LAs Vegas Court; Civil Bench Bar; Judge Villani

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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Alexandra McLeod awarded prizes to chili cook-off winners at February Civil Bench-Bar meeting. Nadia Con Magdenko was the grand prize winner. T. Augustus Claus won second place and Lauren Peña won third prize. The winners took home lovely engraved spoons. The cook-off is an annual event at the Civil Bench-Bar meeting that are held the second Tuesday of each month to give attorneys members of the Bar Association an opportunity learn about the many changes that occur at the court and to get issues addressed with the bench. The next Civil Bench-Bar Meeting will be held March 12 at noon in courtroom 10D.

 

 

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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 May 9 Civil Bench Bar meeting will offer an inside look at the new Nevada Supreme Court at 408 E. Clark Ave. with a special tour from noon to 12:30 p.m.  Parking is available at the Historic Fifth Street School (401 S. 4th Street, across from the NV Supreme Court).  Those who plan to attend should meet in the foyer of the Supreme Court Building at noon. The remainder of the meeting and lunch will then get underway at 12:30 p.m. in the Historic Fifth Street School Gallery.

On the agenda will be a review of Last Month’s NV Supreme Court Civil Decisions:   

Petit v. Adrianzen, 133 Nev. Adv. Op. No. 15 (April 13, 2017)

Honorable Catherine Ramsey v. The City of North Las Vegas,

133 Nev. Adv. Op. No. 16 (April 13, 2017)

Solid v. The Eighth Judicial District Court, 133 Nev. Adv. Op. No. 17
(April 27, 2017)

PERS v. Gitter, 133 Nev. Adv. Op. No. 18 (April 27, 2017)

In re: Connell Living Trust, 133 Nev. Adv. Op. No. 19 (May 4, 2017)

The meeting will conclude with discussion of hot topics and issues affecting civil practice.

Upcoming Dates/Events:

Criminal Judges’ Meeting, June 21, 2017 at 12:00 (noon); place 16C

Civil Judges’ Meeting: May 17, 2017, 12:00 p.m. (noon), Courtroom 15D

Civil Bench-Bar Meeting, June 13, 2017 at 12:00 (noon)

All-Judges Meeting, June 14, 2017, Courtroom 15

Family Judges Meeting, June 2, 2017

The investitures for our newest judges will be held at the Clark County Commission Chambers June 2, 2017 from 2:30 p.m.-5 p.m. with a reception at the Pyramid-cafeteria following the ceremony.

Business Court Bench/Bar quarterly meeting – TBD

State Bar Annual Meeting – June 29, 30 and July 1, 2017 – Austin, Texas

CCBA – Meet Your Judges Mixer – May 18, 2017 – Cili at Bali Hai Golf Club5:30 p.m. – 8:30 p.m.

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