Department XIV

Courtroom Protocol

No weapons are allowed. There is no eating, drinking, smoking or chewing gum in any courtroom.

Proper courtroom attire is required. No shorts or tank tops are allowed in the courtroom, shoes are required. T-shirts, which show offensive slogans or pictures, are not allowed. Hats should be removed before entering the courtroom.

While in the courtroom, sit quietly when court is in session. Do not talk or whisper. The court proceedings are being recorded by a court recorder and noise can interfere with the preparation of this important record.

All beepers, cellular telephones, and electronic devices must be turned off before entering the courtroom. Avoid reading newspapers, or books in the courtrooms, particularly if your use of such material may be a distraction to others.

Attorneys are expected to maintain the highest ethical standards at all times, and to strictly adhere to the opportunities, requirements, limitations, and deadlines set by the judge. All counsel are to be punctual for all conferences, hearings and trials. They are to be civil to one another as well as to all parties, witnesses, and court personnel – whether in front of a jury or the court.

Documents

Transcript Order Form

Exhibit Guidelines

Zoom

• Department 14’s current assignment includes a Criminal and Civil docket.

• Civil matters: while Department 14 encourages in-person court appearances, particularly for substantive arguments, zoom is available for remote appearances on all civil matters.
• Criminal matters: while Department 14 encourages in-person court appearances, zoom is available for remote appearances when necessary. For all criminal sentencings, Department 14 requires the defendant and their attorney to be present in court. Exceptions will be made on a case by case basis.

• If counsel is pro bono, they are to check in with the courtroom clerk, and identify themselves as such. Pro Bono counsel will have priority in the lineup.

• Monday
  • 8:30am: Criminal matters
• Tuesday
  • 9:00am: Civil Status Checks; Rule 16 Conferences; Pre-Trial Conferences
  • 9:30am: Civil Laws and Motions
• Wednesday
  • 8:30am: Criminal matters
• Thursday
  • 8:30am: Civil Calendar Calls
  • 9:00am: Civil Status Checks; Rule 16 Conferences; Pre-Trial Conferences
  • 9:30am: Civil Laws and Motions
  • 10:30am: Prove-Up Hearings
• Friday
  • Chambers Calendar (see below)

• Department 14’s chambers calendar is set every Friday. If a matter is set for 3:00am, it is on the chambers calendar and no appearance is required. Motions that may be set for Chambers include:

 

• Department 14 uses a Court Recorder. To request a transcript and/or CD of a hearing, please email the recorder, Elizabeth Nawn – NawnE@clarkcountycourts.us

• Courtesy copies, though not required, are welcome for all motions, oppositions and replies, and should be dropped off in the deliveries box on the fifth floor at least one week before the hearing, or as soon as the document is filed.

• Department 14 requires a 7-Day Notice under NRCP 55(b)(2) regardless of whether an appearance has been made by the party against whom a default judgment is sought and it must not be combined with a Notice of Intent to Take Default.
• Default Judgments for a total award of less than $30,000, if based on written contract, may be submitted to chambers pursuant to EDCR 2.70. The proposed order should be submitted the department inbox and sent in both Word and PDF format to DC14inbox@clarkcountycourts.us and Dept14LC@clarkcountycourts.us.
• Prove-up hearings are required when: 1) The total damages sought are in excess of $30,000; 2) The claim is for personal injuries; 3) punitive damages are sought; 4) injunctive or declaratory relief is being sought 5) The claim involves title to real property; 6) the application seeks damages in an amount differing from the Complaint; and 7) future damages amount is unclear.
• Prove-up hearings are scheduled on the Department’s motion calendar days. Live testimony is required for default judgment prove-up hearings.  Permission to appear remotely may be granted.
• A copy of the exhibits intended to be used at prove-up hearing must be attached as exhibits to the Application for Default Judgment or provided to the chambers at least 5 judicial days before the hearing. Exhibits must comply with Department 14’s exhibit guideline, AND MUST COMPLY WITH NRS 47-55.

• Commissioner Erin Truman

• Department 14 accepts facsimile, electronic, and typographical signatures, subject to EDCR 8.07(c). On stipulations, signatures may be facsimile, electronic, or typographical, provided the submitting party has written permission from the signing party or attorney for such.

• Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motions.
• Unless unusual circumstances exist, ex-parte applications for a temporary restraining order are not permitted. An affidavit of counsel in accordance with NRCP 65(b) regarding attempts to contact the party seeking to be enjoined or its respective counsel must be provided with the application. Ex parte applications for temporary restraining orders shall be presented to the Court for review, upon which time the Court will determine if ex-parte relief is appropriate. If the Court determines that ex-parte relief is appropriate, the Court will issue an Ex Parte TRO and schedule a hearing for the Preliminary Injunction. If the Court determines that ex-parte relief is not appropriate, the Court may schedule an in person or telephonic conference with all parties. The Court rarely grants ex parte temporary restraining orders.
• When a temporary restraining order is requested, the Court will schedule a conference with counsel prior to any formal hearings. All counsel are required to be present at the conference unless the urgency of circumstances precludes notice to opposing counsel. The Court schedules preliminary and permanent injunctions hearings as soon as practicable and combines the two hearings if appropriate. The Court usually permits expedited discovery when preliminary injunctive relief is requested.
• At the time of hearing a motion for preliminary injunction, the Court will hear argument and offers of proof and determine if an evidentiary hearing is necessary. If not, the Court will rule; if so, such a hearing will be scheduled. If a TRO has been entered, it will likely be extended pending the evidentiary hearing in accordance with NRCP 65(b).
• The Court requires the submission of proposed findings of fact and conclusions of law in injunction cases, in accordance with NRCP 52.

• Counsel are encouraged to submit written briefs that thoroughly address all issues and arguments related to each motion and include all exhibits, affidavits, and evidence that they deem relevant to the disposition of the matter. In appropriate cases, generally involving non-dispositive motions, the Court may, after reviewing the pleadings and materials submitted by the parties, deem that oral argument would not be necessary or helpful to the disposition of the matter and may instead decide the matter based on the written submission. In those cases, the Court will issue a written order which will be transmitted to the parties in advance of the hearing date.

• Ex parte Motions to Shorten Time may not be granted except upon a unsworn declaration under penalty of perjury or affidavit of counsel describing the circumstances claimed to constitute good cause and justify shortening of time. If granted, it must be served upon all parties promptly. Per EDCR 2.26, an order shortening the notice of a hearing to less than 10 days may NOT be served by mail. In no event may the notice of the hearing of a motion be shortened to less than 1 full judicial day.
• An Order Shortening Time submitted on a matter that has been previously filed and set for hearing will not be advanced without either 1) a Stipulation and Order or 2) counsel to submit a Motion to Advance the Hearing on OST.

• In a criminal case, if Counsel seeks to withdraw from the case due to financial issues, they must move to do so at least sixty (60) days before the trial date.

• Department 14 requires that motions in limine be submitted as independently-noticed motions rather than omnibus motions.
• Parties have a responsibility to resolve undisputed motions in limine prior to hearing pursuant to EDCR 2.47. Any motion in limine filed MUST be supported by an affidavit of counsel which contains ALL appropriate elements required by EDCR 2.47, with specificity as to what attempts to resolve the matter were made, what was not resolved, and the specific points of disagreement. Please review the “Model Meet and Confer Declaration” located on the Discovery Forms and Information page of this website for guidance.  The Court will not consider motions in limine which are not in compliance with EDCR 2.47, and may choose to take them off calendar for noncompliance and vacate the hearing.

• Department 1 may grant unopposed motions in advance of the hearing per EDCR 2.20(e), if time permits. Counsel can check Odyssey and see if the hearing has been vacated and a minute order issued. Advance decision minute orders are sent by the Clerk to all parties. If an advance decision has not been issued, counsel should attend the hearing as the Court may have questions.

 

• When counsel are unable to agree on the language of an order, counsel should submit their proposed order to Department 14, with a written statement outlining the differences in the competing orders. No additional argument should be provided. Rather, the statement should be limited to identifying the language believed to be incorrect, and directing the Court to the alternate language proposed. Submissions to the Court containing substantive argument on the merits of a contested issue are disfavored, viewed as improper ex parte communication, even if copied to opposing counsel, and will generally be disregarded.
• Department 14 will choose the Order that most accurately reflects the Court’s Decision. If after considering the proposed orders the court believes additional input from counsel is appropriate, the court may set a conference call or hearing to obtain additional information or argument from counsel. If neither order submitted is accurate, the Court will draft its own order.

• Unless otherwise noted in court, the prevailing party is to prepare the order. Department 14 requires proposed orders to be submitted to chambers within fourteen (14) days of notification of the ruling, pursuant to EDCR 7.21. Counsel designated to prepare the order is requested to provide a draft to opposing counsel(s), allowing for a reasonable opportunity for review and comment. Non-drafting counsel may be required to sign the order prior to submission.
• PLEASE NOTE – Any order that is inconsistent with the oral ruling of the Court or the Court Minutes will be returned unsigned for correction or will be corrected via interlineation. Counsel should notify the Court of any perceived error in the Court Minutes by Motion pursuant to NRCP 60(a).

• Department 14 requires that counsel for the prevailing party submit a draft order to opposing counsel for review as to form and content. Department 14 requires opposing counsel to sign off on the proposed order prior to submission to Chambers.
• Orders must be submitted electronically, in both PDF version and Word version to the Department 14 inbox at DC14Inbox@clarkcountycourts.us.
• All orders must have original signatures from all parties or an email—appended as the last page(s) of the proposed order—confirming that the parties approved use of their electronic signatures.
• The subject line of the e-mail should identify the full case number, filing code and case caption.

 

• All Petitions to compromise the claims of minors may be submitted to Chambers for processing without placing the matter on the Court´s motion calendar.
• Department 14 prefers that medical records only be submitted to Chambers. NRS 41.200(3) does not require that medical records be filed. If medical records are filed as an attachment to the Petition, restricted personal information as defined by SRCR 2(6) and NRS 239B.030 must be redacted prior to filing. Failure to redact restricted personal information will require the Petitioner to file a motion to redact pursuant to SRCR 3 and EDCR 2.13 prior to the Judge signing off on the Order to Compromise the Minor’s Claim.

• A filed Petition will be placed on the chambers calendar to ensure that the proposed order has also been submitted.

 

• The courtroom is equipped with an ELMO and television monitor for attorney use.  A request for any other equipment must be submitted to District Court IT immediately following calendar call.  Any additional equipment brought in by counsel must work in the available court space without blocking the view of the judge, jury or opposing counsel.  If you plan to admit a DVD or audio recording you must provide a way for the jury to view the exhibit during deliberation.  If using laptops or other equipment for trial, please make arrangements with IT to come in early, set up and test equipment.  Make sure to have a paper back-up of any PowerPoint slides or other electronic presentations.  You can reach the IT Dept. at CourtHelpDesk@ClarkCountyCourts.us.

• All parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and law clerk) of uncontested jury instructions no later than one (1) judicial day before trial. Contested jury instructions, as well as an explanation as to why the parties disagree, are to also be digitally submitted in a separate document the day before trial. Should the resolution of any proposed instructions depend upon the evidence or testimony being presented at trial, the settling of those instructions can be deferred until after the close of evidence, but otherwise the Court prefers to settle the instructions expeditiously so as to minimize inconvenience to the jurors.

• Department 14 requires all requests for jury questionnaires to be done by Stipulation and Order or by motion and must be filed and heard at least six (6) weeks in advance of the trial date. The questionnaire must be submitted to the Court in final form for signature no less than five (5) weeks prior to the commencement of trial.

• Department 14 uses a modified “Arizona Method” of jury selection. After general questions are asked of all prospective jurors by the Court, jurors are questioned individually by the Judge, plaintiff’s attorney and defense attorney. After all jurors have been passed for cause, counsel will exercise peremptory challenges by writing the juror number on a form. Waiving one challenge does not mean waiving all challenges.

• All parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and law clerk) of the verdict form no later than one (1) judicial day before trial is to begin.

• JEA – Andrea Carrera. 702-671-4419. CarreraA@clarkcountycourts.us
• Law Clerk – Valentina Ortega-Perez. 702-671-4423. Dept14LC@clarkcountycourts.us
• Court Clerk – Rene Watson. 702-671-4421. WatsonR@clarkcountycourts.us
• Court Recorder – Elizabeth Nawn. 702-671-4422. NawnE@clarkcountycourts.us