Department XXI

Tara Clark Newberry

Office - (702) 671-4452

Fax - (702) 671-4451

Law Clerk - (702) 671-4446

Email - dept21lc@clarkcountycourts.us

Location - RJC Courtroom 16C



Regional Justice Center
200 Lewis Ave., Las Vegas, NV 89155

Term of Office 2021- present

Tara Clark Newberry is currently a District Court Judge in Department 21 of the Eighth Judicial District Court.

Judge Clark Newberry was elected in the general election and took the District Court Bench on January 4, 2021. Her case assignments consist of both criminal and civil cases.

No weapons are allowed, with the exception of sworn peace officers appearing in court in their official capacity on behalf of a law enforcement agency (i.e. Nevada Highway Patrol, Las Vegas Metropolitan Police Department, North Las Vegas Police Department, Henderson Police Department, etc.). 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; however head coverings for religious purposes may be worn. For the purpose of health and to prevent the spread of communicable diseases masks may be worn so long as no offensive language or images are displayed.

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. When you enter the courtroom please check in with the Marshal or Court Clerk so long as the Judge has not taken the bench; otherwise remain seated until your case is called or a member of court staff approaches you to check you in. When checking in, please identify yourself by providing your name and preferred pronouns and/or how you wish to be addressed by the Court.

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

WHILE COVID-19 PANDEMIC ADMINISTRATIVE ORDERS ARE IN EFFECT

Court staff is working remotely as much as possible. Please feel free to contact the Department at (702) 671-4452 and leave a voicemail and your call will be returned as soon as possible. You may also e-mail the department at:
Upcoming Hearings:

Please check Odyssey for the most up to date information on your case at: https://www.clarkcountyCourts.us/Portal/
  • The Judge is currently reviewing matters in the order they appear on calendar. If she is able to decide the matter on the pleadings, you will receive a minute order with the decision. Please ensure your information with “file and serve” is current and accurate.
  • Otherwise, you will be served with appearance instructions no later than the day before the hearing with instructions on how to appear via BlueJeans. BlueJeans is a free service and has options to call in via phone or connect via computer (audio and/or video). Please ensure your information with “file and serve” is current and accurate.
Notice to Parties:

Currently, Department 21 is serving appearance instructions via “file and serve”. It is the responsibility of all parties to ensure they are registered with “file and serve” to receive any notifications. Please contact the Clerk’s Office to update your information.

E-Service:

A party is not automatically registered for Electronic Service upon the filing of any document (including Complaints, Answers, Substitution of Counsel, etc.). For each case you must add yourself to the Electronic Service List. You will need to do this on each individual case you are counsel on. You should get in the habit of doing this when filing your initial pleading.
  • Go to efilenv.com
  • Enter Search Criteria (search for case)
  • File Into Existing Case
  • Click Actions tab on right
  • View Service Contacts
  • Click on Actions to the right of the Party you represent
  • Add New Service Contact
  • Scroll down to bottom of page
  • Enter your information
  • Click on Save Changes
DEPARTMENT 21 COURTROOM GUIDELINES

Current Assignment:

Department 21 is currently assigned Civil Court and Criminal Court dockets.

Appearances for Hearings:

During the COVID-19 pandemic, Department 21 will only have remote appearance available for all civil matters with the exception of trial and certain evidentiary hearings. Until further notice, no party or counsel is to appear in person in Department 21 unless directed to do so by the Court.
Once the COVID-19 pandemic protocols are lifted, Department 21 will continue to offer BlueJeans appearances for civil law and motion calendars. Counsel and/or parties and witnesses do not need to file a motion to appear via BlueJeans, unless the appearance is for trial or evidentiary hearing.
  • Department 21 permits telephonic and video appearances by counsel and/or parties via BlueJeans for all pre-trial matters.
  • Please contact the recorder, Robin Page, at Pagero@clarkcountycourts.us at least 1 court day prior to your hearing to request a BlueJeans invite if you do not receive one.
*If counsel are pro bono, they are to check in with the Court Clerk prior to the start of the calendar and their case will be called in the first group.

Motion Calendar Schedule:

Department 21 hears Civil Court matters on Wednesdays at 1:30 p.m. and Criminal Court matters on Tuesdays and Thursdays at 1:30 p.m. for In-Custody and 3:00 p.m. for Out of Custody.
  • When submitting stipulated requests for new hearing dates or continuances in civil matters, please provide a requested date on a Wednesday agreeable between the parties or state at the Court’s convenience on or after a certain date.
  • SAO’s to continue a matter must be filed at least 1 day in advance, otherwise counsel must appear and put stipulation on the record pursuant to EJDCR 2.22.
  • If oral argument will be lengthy, Counsel should request to have the hearing set between 2:00 and 3:00 p.m. on a Wednesday or on the Court’s special civil sessions on a Friday or Monday.
  • If more than 10 motions in limine are filed in the same case, the Court will reset the motions for a special session on a Monday or Friday. Counsel must strictly adhere to EJDCR 2.47, an affidavit that lacks specificity or otherwise does not comply will be cause for the Court to deny the motion without hearing.
Other Regularly Scheduled Court Sessions:
  • Mandatory NRCP 16 Scheduling Conferences are held on Wednesdays at 1:30 p.m. after our regularly scheduled Civil Court matters, or on the Court’s special civil sessions on a Friday or Monday.
  • Default Judgement Prove-Ups are held on Wednesdays at 3:00 p.m., witnesses may appear via BlueJeans, but must have video capability.
Regular Chambers Calendar:

Department 21 has a chambers calendar set for Wednesdays. If a matter is set for 3:00 a.m., it is on the chambers calendar and no appearance is required.
  • Matters regularly placed on chambers calendar include: Motions to Associate Counsel; Motion to Withdraw Attorney of Record; Motion for Clarification; Motions to Confirm Arbitration Award; Motions for Stay; Motions for Reconsideration; Motion (Ex Parte Motion or Ex Parte Application) to Extend Time to Serve Complaint; Motion (Ex Parte Motion or Ex Parte Application) to Enlarge Time to Serve; Motion or Application to Serve Complaint by Publication; Motion to Interplead Funds; Motion to Release Funds; Motion for Voluntary Dismissal; Motion for Attorney’s Fees; Motion for Preferential Trial Setting; Motion to Extend Discovery Deadlines; Status Checks on Blocked Accounts; Petitions for Judicial Review; Motions to Redact/Seal; Motions for Leave; Application for Default Judgment (under $50,000); If amount is greater than $50,000 or involves real property then Oral hearing; Justice Court Appeals; Motion to Retax; and Pro Hac Vice Applications.
Court Reporter or a Court Recorder for its Official Record:

Department 21 uses a Court Recorder. To request a transcript and/or CD of a hearing, please email the recorder, Robin Page, at Pagero@clarkcountycourts.us

Courtesy Copies:

Department 21 does not require courtesy copies. If a motion includes exhibits that are too large for e-filing and/or the quality of e-filing diminishes (i.e. audio/video files or photographs) please provide an electronic version via e-mail to the Law Clerk and JEA with the case number, title of motion and hearing date in the subject line. If the files cannot be e-mailed, contact the Law Clerk or JEA for Department 21. **Due to COVID-19 pandemic protocol, Department 21 will not accept paper courtesy copies**

Default Judgment:

All Default Judgments with a principal amount of less than $50,000 in specific damages that are reasonably calculable from authenticated exhibits may be submitted to chambers. A proposed order must be included as an exhibit to any Application for Default Judgment when it is filed. The proposed order should also be submitted to the department inbox and sent in both Word and PDF format to DC21inbox@clarkcountycourts.us.

Default Judgments with a principal amount of $50,000 or more must be set on the Department's regular Civil law and motion calendar for a Prove-up hearing.

Matters involving title to real property, punitive damages or general damages must be set for a Prove-up hearing. All Prove-up hearings require live testimony from a witness or witnesses provided either in person or via BlueJeans. If your Prove-up hearing will require more than 30 minutes, please contact chambers in advance to request a special setting.
  • 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 chambers at least 5 days prior to the hearing.
  • Exhibits must comply with Department 21’s exhibit guideline.
Discovery Commissioner Assigned:

Commissioner Erin Truman

Electronic Signatures:

All documents requiring the signature of another person may be electronically signed without original signatures; however, the party submitting the document must obtain email verification of the other person’s agreement to sign electronically and submit the email with the filed documents. Please include the email after the last page of the order. The email should not be filed as a separate document. Copies of an original signature are accepted.

Injunctive Relief:

Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motion.

Ex parte applications for temporary restraining orders shall be presented to the Court for review, upon which time the Court will determine whether to issue an Ex Parte TRO and schedule a hearing for the Preliminary Injunction, or whether a hearing is necessary before the issuance of any injunctive relief. The applicant must, by affidavit, show adequate advance notice to the other side or an appropriate exception in accordance with NRCP 65(b).

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 a TRO has been entered, it will likely be extended pending the evidentiary hearing in accordance with NRCP 65(b).

MOTIONS:

Considered without Oral Argument:

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 minute order which will be transmitted to the parties in advance of the hearing date.

Motions to Shorten Time:

Ex Parte Motions to Shorten Time may not be granted except upon an 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.

Motions to Withdraw as Counsel in Criminal Cases:

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.

Omnibus Motions:

Department 21 does not permit omnibus motions and requires that motions in limine be submitted as independently-noticed motions rather than omnibus motions. When filing motions in limine, please include the following format in the caption “Plaintiff’s Motion in Limine #1…..” “Defendant Clark’s Motion in Limine A…..”

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. The Court will not consider motions in limine which are not in compliance with EDCR 2.47.

Unopposed Motions:

Department 21 will grant unopposed motions in advance pursuant to EDCR 2.20(e). Counsel is not required to appear for unopposed motions.

ORDERS:

Preparing the Order:

Unless otherwise noted by the Court during a hearing or in a minute order, the prevailing party is to prepare the order. Department 21 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 required to provide a draft to opposing counsel(s), at least two court days prior to submitting to chambers to allow a reasonable time to review. Non-drafting counsel is not required to sign the order prior to submission unless during the hearing the Judge specifies the need for all counsel’s signature.

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).

Contested Orders:

In Department 21, when orders are contested, each party must submit a letter, copied to all parties, explaining their position regarding the dispute and proposed orders. The Court will then sign the order it deems appropriate with any necessary revisions. Please submit a word version to the Law Clerk as well as the PDF proposed order via e-mail to Dept21LC@clarkcountyCourts.us

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.

Submission of Orders:

All proposed orders that are uncontested should be submitted to DC21Inbox@clarkcountycourts.us in both Word and PDF format. Please ensure all PDF’s are not protected. This inbox is for orders only, not correspondence. No additional argument is to be included.
  • If approved, pursuant to Administrative Order 21-13, your document will be filed directly into Odyssey. It is each party’s responsibility to ensure they are registered with Odyssey File and Serve to ensure receipt of any filed document and to file any Notice of Entry Orders, if applicable.
  • The submitting party must also serve any parties not registered for file and serve. If there are no parties registered with file and serve, the document will be filed into the case, and it will be the submitting party’s responsibility to obtain a filed copy from Odyssey and ensure all parties are notified and/or served, if applicable.
The submitting party will only be notified by the Department if there is a problem with the submission. The Department will not send a filed copy directly.

Please do not copy court staff on submissions.

The subject line of the e-mail should identify the full case number, filing code and case caption. (For example: A-20-123456-C - ORDR - Smith v. Doe)

No additional argument should be included in the body of the e-mail.

PETITIONS:

Minor’s Compromise:

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 21 prefers that medical records only be submitted to Chambers. NRS 41.200(3) does not require that medical records be filed, but they must be submitted for Department 21’s consideration in evaluating the Petition. 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.

Proposed orders for the Petition should be emailed to the department inbox and sent in both Word and PDF format to DC21inbox@clarkcountycourts.us.

Sealing Criminal Records:

A Petition may be submitted to chambers for processing without placing the matter on the Court’s calendar when accompanied by a District Attorney and/or City Attorney’s Office approved Order. Depending on the number of charges, the time-range, and the gravity of the charge(s), the Court may require a hearing. If needed, the Order will be returned asking the Petitioner to file a Notice of Hearing.

TRIALS:

Bench Trials:

At the Pre-Trial Conference and the Calendar Call, the Court will provide a specific date for the parties to meet either virtually or in person with the Clerk to provide exhibits and deposition transcripts. The Court will provide updated Bench Trial information at Pre-Trial Conferences and Calendar Calls as to the current policies and procedures for trials in Department 21 and the Eighth Judicial District Court generally. At present, bench trials will go forward as scheduled on five week civil stacks in 16C, unless the parties notify the Court that due to COVID-19 they are unable to proceed and provide a stipulation and order to continue the trial date. This policy is subject to change, parties should contact Department 21 Law or JEA for up-to-date information.

Jury Trials:

At present, jury trials are going forward on a limited basis due to the COVID-19 pandemic and concerns regarding large gatherings of people indoors. The Eighth Judicial District Court has two courtrooms that are being used to conduct trials for In-Custody Defendants that have invoked speedy trial rights in criminal matters. Civil jury trials are being conducted at the Las Vegas Convention Center on a limited basis, only one trial per week can be accommodated. Whether a trial can be scheduled at the Convention Center is based on a matrix of variables and availability. Parties interested in conducting a trial at the Convention Center should reach out to the Department 21 JEA jointly, or notify the Court at the next hearing/status check.

Jury Instructions:

Department 21 requires 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.

Jury Questionnaire:

Department 21 requires all requests for jury questionnaires be done by Stipulation and Order and must be filed at least six (6) weeks in advance of the trial date. If counsel is not in agreement, a motion must be filed and the Court will consider on a case by case basis, but generally is not inclined to permit jury questionnaires. The Court will not sign an order shortening time to hear a motion requesting jury questionnaires, and the motion must be heard at least six (6) weeks prior to the commencement of trial. 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.

Jury Selection:

Department 21 uses the modified "Arizona Method" of jury selection, requiring voir dire to be directed toward the minimum number of jurors necessary to be qualified, rather than the entire venire. During her questioning, the Judge will address the entire prospective venire for certain questions. After questioning, the Judge meets with counsel at the bench to discuss whether any prospective jurors should be excused for cause. Prospective jurors initially passing “cause” challenges are then seated in the Jury Box in the order of their Badge Numbers. Attorneys are then permitted to conduct voir dire examination of the jury in mass, or on an individual basis. After initial questioning, attorneys meet with the Judge at the bench to discuss whether any of these prospective jurors should be excused for cause. Once these prospective jurors are passed for cause, the parties exercise their peremptory challenges. Excusals for cause and peremptory challenges are discussed only at the Bench and excused jurors are not informed as to the reason for their discharge. At the attorneys' option, the alternate jurors can be selected blindly, whereby no juror knows which members are regular or alternate.

Verdict Forms:

Department 21 requires all parties 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.