Department XIX

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.

Current Assignment 

• Department XIX is currently assigned Civil, Criminal, and Medical Malpractice.

Motion Calendar Schedule 

• Department XIX hears Civil Court matters on Wednesdays at 10:00 a.m. and 11:00 a.m.
• Department XIX hears Criminal Court on Tuesdays and Thursdays at 10:00 a.m.

Zoom Appearances

• Civil. Department 19 requires all parties to appear in-person for show cause, summary judgment, and motion to dismiss hearings. Dept. 19 does not allow telephonic appearances for these hearings.
• Criminal. Department 19 requires all parties to appear in-person for initial arraignments and sentencing. Dept. 19 does not allow telephonic appearances for these hearings.

Courtesy Copies - Hearings 

• Hearings – Hard paper courtesy copies are required for Motions in Limine, Motions to Dismiss, and Motions for Summary Judgment.  If a courtesy copy is required for any other hearings, the Law Clerk will reach out to the moving party requesting them. Department XIX requires that 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.
• Copies must be compiled into a single 3-Ring binder, in Motion/Opposition/Reply format, with tabbed exhibits, and a Table of Contents.
• Correspondence - Department XIX requests that all “correspondence” directed to the Department or intended to be a courtesy copy be electronically served on all parties and emailed to the Department.

Stipulation and Order to Extend Discovery and Continue Trial

• When submitting a Stipulation and Order to Extend Discovery and Trial, the Order must contain the following Deadlines/Dates (leave blank or call the department for correct dates):

  	DATE	TIME
  Trial Date:		10:00 a.m.
  Pre Trial Conference:		9:00 a.m.
  Calendar Call		9:00 a.m.
  L/D to File Pretrial Memo:
  L/D to File Dispositive Motions/MIL:
  Status Check Trial Readiness		10:00 a.m.

• Medical Malpractice cases:  Stipulations to Continue Trial for medical malpractice cases are not accepted as they require a firm trial setting.  Please file a motion or stipulated motion to continue trial.

Regular Chambers Calendar 

• Department XIX does have a chambers calendar. Matters placed on the Chambers Calendar generally include:
• Applications for Default Judgment;
• Motions in Limine;
• 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 Remove Lis Pendens;
• 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 for Preliminary Injunctions;
• Motions to Quash;
• 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 an oral hearing, you may submit an email, cc’ing all parties, to the Court requesting oral argument, and the Court will notify you if your request is granted.
• For a more complete breakdown of hearing and chambers calendar matters, please contact the Department XIX JEA or Law Clerk.

Discovery Commissioner assigned 

• Commissioner Erin Truman is assigned to Department XIX.

Court Reporter or a Court Recorder for its official record 

• Department XIX uses a Court Recorder. To request a transcript, or for any questions regarding the logistics of Zoom appearances, please contact Cynthia Moleres at 702.671.4442 or moleresc@clarkcountycourts.us.

Telephonic Appearances

• Department XIX requires telephonic appearances be made via Zoom.  

Unopposed Motions 

• Pursuant to EDCR 2.20, Department XIX may grant certain unopposed motions in advance by submitting an order to the department inbox (DC19Inbox@clarkcountycourts.us).  Unless otherwise ordered, 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.

Injunctive Relief 

• Noticed motions for temporary restraining orders (TRO) and preliminary injunctions are heard as any other motions.
• Ex parte applications for a TRO shall be presented to the Court to be resolved in chambers.  The applicant must, by affidavit, show adequate advance notice to the other side or an appropriate exception in accordance with NRCP 65(b). Further, applicants should be aware of, and prepared to deposit with the Clerk of the Court, any required bond, as determined by the Court.

Omnibus Motions

• Department XIX 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. The Court will not hear on its calendar undisputed motions in limine that ought to have been resolved via EDCR 2.47 conference or stipulation. Further, Dept. XIX limits motions in limine to ten (10) per side.  If a party cannot negotiate matters (pursuant to EDCR 2.47(b)), and feels further motions are necessary, the Court will entertain a properly filed and served motion showing good cause for the additional filings.

Pro Bono 

• 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.

Submission of Orders 

• Order Shortening Time – A Request for an Order Shortening Time (“OST”) must be delivered to the department inbox (DC19Inbox@clarkcountycourts.us).   “Order Shortening Time” must be in the subject line. 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.
• Order Language – The proposed Order will not be signed if the “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 STATED BY THE COURT, THE PREVAILING PARTY IS TO PREPARE THE ORDER. Department XIX requires proposed orders to be submitted to the department inbox (DC19Inbox@clarkcountycourts.us) 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.

Contested Orders 

• In District Court Department XIX, when counsel are unable to agree on the language of an order, counsel should present their competing positions in a word document emailed to the Department Inbox with no additional argument or explanation; stating only that there is a "disagreement as to the wording of the Order."  The document may identify the wording that is believed to be wrong, and direct 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.

Electronic Signatures 

• District Court Department XIX accepts electronic signatures on any document, pursuant to the requirements of Administrative Orders (AO) 20-17 and 20-24.

Jury Selection 

• Department XIX 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.

Jury Questionnaires

• Department XIX will allow a Stipulated Jury Questionnaire.  The parties’ must seek approval from the Court.  The Stipulation and Proposed Jury Questionnaire must be submitted to the Department not less than 8 weeks before the Pretrial Conference.  If the parties cannot reach a Stipulation, then a motion is required and should be filed 12 weeks before the Pretrial Conference.