Department XXXII

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 32 is currently assigned Criminal and Competency dockets.

Motion calendar schedule

• Department 32 hears:
  • Criminal Matters on Tuesdays and Thursdays at 8:30 am; and
  • Mandatory Rule 16 Pre-trial Conferences on Wednesdays at 8:00 am; and
  • Competency Calendar on Wednesdays and Fridays at 8:30 am in Courtroom 5D

Regular chambers calendar

• Dept. 32 chambers calendar is set every Friday. If a matter is set for 3:00 am, it is on the chambers calendar and no appearance is required.  Motions that may be set for Chambers include:
  • Application for Default Judgment (based on written contract under $50,000)
  • Lower Court Appeals
  • Motion for Additur
  • Motion to Associate Counsel
  • Motion for Attorney's Fees
  • Motion for Clarification
  • Motion to Confirm Arbitration Award
  • Motion to Consolidate
  • Motions to Extend/Enlarge Time to Serve Complaint and/or to Serve Complaint by Publication
  • Motion to Extend Discovery Deadlines
  • Motion for Stay
  • Motion to Interplead Funds
  • Motion to Intervene
  • Motion for Judgment Against Garnishee
  • Motion for Leave
  • Motion for Reconsideration
  • Motion to Release Funds
  • Motion to Seal and/or Redact
  • Motion to Substitute Parties
  • Motion for Voluntary Dismissal
  • Motion to Withdraw as Attorney of Record
  • Objection to Discovery Commissioner's Recommendation
  • Petition for Compromise of Minor's Claim
  • Pro Hac Vice

Court Recorder for its official record

• Department 32 uses a Court Recorder.  To request a transcript and/or CD of a hearing, please email the recorder, Kaihla Berndt at berndtk@clarkcountycourts.us 

Courtesy Copies

• Department 32 does not accept paper Courtesy Copies.  If a Courtesy Copy is to be provided, please email the document to the JEA and Law Clerk for Department 32 and include the case number, name, and date of hearing in the subject line.  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 email 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 emailed, contact the law clerk or JEA for Department 32.

Default Judgments

• Department 32 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 $50,000, if based on written contract, may be submitted to chambers pursuant to EDCR 2.70.  The proposed order should be submitted to the department inbox and sent in both Word and PDF format to DC32Inbox@clarkcountycourts.us
• Prove-up hearings are required when: 1) The total damages sought are in excess of $100,000; 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; 7) future damages amount is unclear.
• Prove-up hearings are scheduled on the Department's motion calendar days.  Live testimony is required at the prove-up hearing.  Witnesses may appear via Blue Jeans, but must have video capability.
• 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 32's exhibit guideline.

Discovery Commissioner assigned

• Commissioner Erin Truman
• Commissioner Jay Young

Electronic Signatures

• Department 32 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, and provides proof of permission for use of opposing-counsel's electronic signature.

Injunctive Relief

• 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 appropraite.  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.

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 written 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.
• 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.

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

Unopposed Motions

• Department 32 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.

Orders

Contested Orders

• Department 32 does not accept competing orders.
• A party will be directed to draft and distribute any Orders at the conclusion of a hearing. Anyone who objects to the contents of said order will file a written objection with the court.

Preparing the Order

• Unless otherwise noted in court, the prevailing party is to prepare the order. Department 32 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 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).

Submission of Orders

• All proposed orders should be emailed to the department inbox and sent in both Word and PDF format to DC32inbox@clarkcountycourts.us. One Order per email (in both Word and PDF format) is required, otherwise will be auto-rejected. Only orders should be sent to this email. Please ensure all PDF’s are not protected. This inbox is for orders only, not correspondence. No additional argument is to be included.
• Stipulations and Orders or other proposed orders requiring a signature of another person must have the email verification from that person and attached as the last page of the document and not as a separate document, pursuant to AO 20-10.
• If approved, pursuant to Administrative Order 20-10, your document will be filed directly into Odyssey. It is your responsibility to ensure you are registered with Odyssey File and Serve to ensure you receive a copy of your filed document and to send any Notice of Entry Orders, if applicable. You 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 your responsibility to obtain a filed copy from Odyssey and ensure all parties are notified and /or served, if applicable.
• You will only be notified by the Department if there is a problem with your submission. The Department will not send you a filed copy directly.

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.
• Proposed orders for the petition should be emailed to the department inbox and sent in both Word and PDF format to DC32inbox@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 D.A. 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.

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.

Trial Matters

Jury Instructions

• 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 32 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.

Jury Selection

• Department 32 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.

Verdict Forms

• 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.

Department Contact Information

Judicial Executive Assistant
Erin Prisbrey
(702) 671-3639
prisbreye@clarkcountycourts.us

Department 32 Law Clerk
(702) 671-3938
Dept32LC@clarkcountycourts.us