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.
- Department II is currently assigned a dual Civil and Criminal Court docket.
Motion Calendar Schedule
- Department II hears Civil Court matters on Wednesdays at 9:00 a.m.
- Department II hears Criminal Court matters on Tuesdays and Thursdays at 9:00 a.m.
Courtesy Copies - Hearings
- Hearings - Department II requires that physical, paper, courtesy copies be delivered to its inbox at least one week prior to the scheduled hearing pursuant to EDCR 2.20 (g). E-mail and faxed courtesy copies are not accepted.
- Correspondence - Department II requests that all “correspondence” directed to the Department or intended to be a courtesy copy be electronically served on all parties and be hand delivered to the department.
Regular Chambers Calendar
- Department II does have a chambers calendar. Matters placed on the Chambers Calendar generally include:
- Applications for Default Judgment;
- Motions to Amend Complaint/Answer/Counterclaim;
- Motions to Associate Counsel;
- Motions for Attorney´s Fees;
- Motions for Clarification;
- Motions to Confirm Arbitration Award;
- Motions for Enlargement of Time to Serve;
- Motions for Interpleader;
- Motions for Rehearing/Reconsideration;
- Motions to Retax;
- Motions to Serve by Publication; and
- Motions to Withdraw as Counsel;
- Pro Hac Vice Applications.
- Matters usually set for court hearing with oral argument are:
- Motions to Compel Arbitration;
- Motions to Dismiss;
- Motions in Limine;
- Motions for Preliminary Injunctions;
- Motions to Quash;
- Motions to Remove Lis Pendens;
- Motion for Sanctions
- Motions to Set Aside Default and/or Default Judgments;
- Motions for Summary Judgment;
- Motions for New Trial; and
- Petitions for Judicial Review.
- If your matter has been set on the Chambers Calendar, but you prefer a hearing, you may submit a letter to the Court requesting a hearing, and the Court will notify you if your request is granted.
- For a more complete breakdown of hearing and chambers calendar matters, please ask the Department II JEA or Law Clerk.
Telephonic Appearance Request
- Department II requires telephonic appearances be made via Court Call. Counsel must arrange via Court Call prior to their scheduled appearance. Please contact Juanita Moya, Court Liaison, to arrange a call in appearance at (888) 882-6878 ext. 288.
- Department II may grant certain unopposed motions in advance by submitting an order. An order granting an unopposed motion must not include findings of fact or conclusions of law.
- Unless otherwise notified by the Court, counsel is required to appear for unopposed motions set for hearing.
Default Judgment Prove-Ups
- A Default Judgment prove-up hearing is not required unless:
- (a) the damages sought exceed $100,000;
- (b) the Plaintiff seeks punitive damages; or
- (c) damages are not readily ascertainable by affidavit reference to bills, costs, promissory notes, and other instruments, and calculations of principal and interest based thereon (e.g., pain and suffering; emotional distress; harm to reputation; future damages).
- Live testimony is generally required at Default Judgment prove-up hearings.
- Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motions.
- Ex parte applications for temporary restraining orders shall be presented to the Court to be resolved in chambers.Â The applicant must, by affidavit, show adequate advance notice to the other side or an appropriate exception in accordance with NRCP 65(b).
- Department II prefers 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. The Court will not hear on its oral calendar undisputed motions in limine that ought to have been resolved via EDCR 2.47 conference or stipulation.
- If counsel are pro bono, they are to check in with the courtroom clerk in the morning prior to calendar and their case will be called in the first group first.
Submission of Orders
- Order Shortening Time – A Request for an Order Shortening Time (“OST”) must be hand delivered to the department drop box. Advance notice to the JEA or law clerk is welcome. Any and all requests for OSTs must have a courtesy copy of the Motion/Application attached. Requests for OST must contain proposed dates and a detailed explanation for the request. Please be sure to identify a contact person to be called for pickup.
- Order Language – The proposed Order will not be signed if “IT IS SO ORDERED” language and signature line are on a separate page from the content of the Order. The signature line must be on a page describing what the Judge is ordering. Alternatively, the Judge’s signature line may be on the same page as the other signatures provided that there are at least two lines of text from the stipulation. The only exception is if there are multiple signatures, and it is not possible for the party to put the Judge’s signature with two lines of text, in which case the parties need to ensure the Judge’s signature is at least on a page with some of the signatures, and the case number/name of the document is included on the page to be signed.
- UNLESS OTHERWISE NOTED IN COURT, THE PREVAILING PARTY IS TO PREPARE THE ORDER. Department II requires proposed orders to be submitted to chambers within ten (10) days of notification of the ruling, pursuant to EDCR 7.21. Counsel designated to prepare the order is encouraged to provide a draft to opposing counsel(s), allowing at least a full day for review and comment, before delivery to the Court. Non-drafting counsel is not required to sign the order approved as to form prior to submission, unless the Court directs otherwise.
- 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).
- All stipulations and orders for dismissal must comply with EDCR 2.75 or they will be returned.
- In District Court Department II, when counsel are unable to agree on the language of an order, counsel should present their competing positions in a word document emailed, faxed, or hand delivered to the law clerk with no additional argument or explanation, merely stating that there is a "disagreement as to the wording of the Order," identifying the wording that is believed to be wrong, and directing the Court to the proposed alternate language. If a redline copy is available counsel may also submit that document. Generally the Court will enter an order after reviewing the competing versions and any record of the hearing. 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.
- Letters to the Court containing substantive argument on the merits of a contested issue are disfavored, viewed as improper ex parte communications, even if copied to opposing counsel, and will generally be disregarded.
- District Court Department II will accept electronic signatures on any accepted document from legal counsel. Electronic signatures of others is only allowed if there is a rule that allows it.
- Department II conducts jury selection in accordance with the procedure set forth in NRS 16.030(4) (commonly known as the “Arizona Strike and Replace Method”). However, before counsel commences voir dire, the Court will examine and excuse persons for hardships, lack of statutory qualifications, and statutory exemptions. Also, before counsel commences voir dire, the Court will conduct voir dire and then meet with the parties at sidebar to determine whether any person may be excused.
- If both sides stipulate, then as an alternative to the method of jury selection under NRS 16.030(4), the Court will permit the parties to use the “Struck Method” of jury selection, in which the parties conduct voir dire on the entire venire. Then the venire is excused while the parties exercise their challenges for cause and peremptory challenges. The selected jury then consists of the number of necessary jurors remaining in the order that they were originally seated.