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The Nevada Supreme Court adopted the Rules of Criminal Practice for the District Courts (N.R.Cr.P.). In re the Creation of a Comm. On Statewide Rules of Criminal Procedure, ADKT 491 (Order Adopting Statewide Rules of Criminal Practice, Dec. 29, 2020). The rules become effective March 1, 2021, and “supersede and replace any local district court rules concerning criminal actions.” N.R.Cr.P. 1. The “rules do not apply to juvenile proceedings or post-conviction proceedings.” Id.
For the benefit of the bar and to ease confusion until the Eighth Judicial District Court amends its local rules to conform to the Nevada Rules of Criminal Practice, the EJDC will suspend the following Eighth Judicial District Court Rules:
Rule 3.20 (a) –(d) – Motions,
Rule 3.24 – Discovery motions,
Rule 3.28 – Motions in limine,
Rule 3.40 – Writs of habeas corpus,
Rule 3.44 – Stay orders,
Rule 3.50 – Extending time,
Rule 3.60 – Shortening time, and
Rule 3.80 – Release from custody; bail reduction.
These rules are either repetitive or inconsistent with the Rules of Criminal Practice.
Cases in the Eighth Judicial District will continue to be assigned pursuant to EDCR 1.64 (Assignment of Criminal Cases) and EDCR 1.70 (Cases to be calendared to preserve track and team system). Also, Rule 3.10 (Consolidation and reassignment) remains in effect. In keeping with the spirit of the new Rules of Criminal Practice, lawyers are reminded under our existing rules, lawyers may request new cases be reassigned to a department in which a defendant already has a pending case.
Per EDCR 3.20, either side may still place a mater on a criminal law and motion calendar by oral request no later than 11 a.m. the business day prior to the hearing. This is permitted for a resolution (entry of plea or dismissal) or to “bring to the court a matter of an emergency nature.” Counsel are reminded that the rule expressly states that “[a]n oral request to the clerk to place a case on the calendar fo the hearing of any other matter is improper.”
To the extent any rule in EDCR Part VII (7.01 – 7.90) conflicts with the Nevada Rules of Criminal Practice, note that the Nevada Rules of Criminal Practice supersede those rules. EDCR 7.30, 7.40, and 7.70 are notably impacted.
This Order takes effect March 1, 2021.
All the Eighth Judicial District Court of Nevada Orders can be found at http://www.clarkcountycourts.us/general/court-rules-and-administrative-orders/#Administrative%20Orders
Link to the rules:
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