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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:
- 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.
- 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:
- Civil Judges’ Meeting, July 27, 2016, 12:00 p.m. (noon), Courtroom 14C
- Civil Bench-Bar Meeting, August 9, 2016 at 12:05 p.m. in Courtroom 15D
- 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.
- 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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