{“featuredImages”:[{“title”:””,”description”:””,”url”:”http://www.clarkcountycourts.us/wp-content/uploads/8514_adminorder21-09-1.png”}],”content”:”

Despite having six months of trials after the pandemic trial halt, District Court civil trial numbers are not going down. To address the backlog, a joint Nevada Supreme Court and Eighth Judicial District Court administrative order has been issued. 

The order reiterates several EDJC rules, including that judges must set a minimum of 10 cases per trial stack and cases must be set for trial no later than six months after the discovery cutoff. Judges are required to follow and enforce the rules for continuing trials, including making a finding of good cause for a continuance. Once a trial is set calendar call, per the order, any continuance requires a written motion and a finding by the judge of extraordinary circumstances. COVID infections support a finding of good cause – the court will be sensitive to people’s health related concerns and consider giving them the option to file affidavits under seal where appropriate.

A motion to continue must be supported by an affidavit, or if there is not sufficient time, oral sworn testimony from the lawyer. Also, if a witness is unavailable, EDCR 7.30(b) has specific requirements that must be imposed. Trials may not be vacated by stipulation, and a motion to withdraw man not be granted if it would delay trial. EDCR 2.69 requires lawyers to appear at calendar call ready to go with exhibits, jury instructions, proposed void dire questions, etc. 

The order also creates a civil trial reassignment calendar. Civil judges will be setting trials that are ready to go – when they are ready to go.  Any trials the judge cannot manage because of conflicts with other trials, will be reassigned. The court will have a calendar every Thursday to address any trials that need reassignment for the next week. Peremptory challenges are not permitted by rule; however, to address concerns that have previously made civil reassignments unsuccessful, a strike list method will be used at the assignment calendar.

If a case has settled, the parties must provide a written stipulation or agree to enter the agreement in the minutes of the court. If the agreement is entered into the minutes, the judge will set a status check within 21 days to ensure the settlement documents are provided. 

It is understood that these and other strategies put forth in the order will be a significant practice change for some. Civil attorneys should thoroughly review the entire order.

Everyone’s cooperation and adherence to these essential measures will be appreciated as we work our way out of the pandemic backlog.

“}