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TRIAL PREPARATION

DISCLAIMER

The information provided is intended as a courtesy only.  Many family law matters involve complex and valuable legal rights which cannot adequately be protected without the assistance of an attorney.  The information provided is basic, general information that does not fit all situations.  It is the duty of each self-represented individual to know what rules of court and law apply. 

Clark County, the Eighth Judicial District Court, the Self-Help Center, and their employees shall not be liable for errors contained herein or for direct, indirect, special, or consequential damages in connection with the furnishing of this material.

GENERAL INFORMATION

Discovery is the process where each party gathers information from the other party in order to present their case at trial. There are a number of ways discovery can be conducted. Because each case is different, there is no "standard" way to do discovery. You may need to consult with an attorney for assistance in understanding and conducting your own discovery.

Most discovery requirements for family court cases can be found in Nevada Rule of Civil Procedure 16.2 (link to http://leg.state.nv.us/CourtRules/NRCP.html <http://leg.state.nv.us/CourtRules/NRCP.html> ). This rule requires both parties to file a General Financial Disclosure Form within 30 days of when Defendant files an Answer. If the parties have significant income, assets, or own a business, a Detailed Financial Disclosure Form is required. The court can sanction a party for not filing the required Financial Disclosure Form, or for intentionally omitting an asset or liability on the form.

The court will set a Case Management Conference within 90 days of when Defendant files an Answer. The purpose of this hearing is for the judge, the parties, and their attorneys to discuss the issues involved in the case, what issues are resolved and unresolved, the possibility of a prompt settlement, to arrange for discovery disclosures, and to develop a discovery plan. You will receive a notice in the mail when this hearing is set.

If the parties cannot resolve the issues through mediation, settlement, and future court hearings, the judge will set an Evidentiary Hearing (to resolve custody matters) and/or a Trial (to resolve all financial issues). Discovery must be completed well before an Evidentiary Hearing or Trial so that both parties and the judge know what evidence will be presented. Each party usually must file a Pretrial Memorandum before the Evidentiary Hearing or Trial, summarizing their side of the story.

FINANCIAL DISCLOSURE FORMS:

General Financial Disclosure Form - this form must be filed by both parties within 30 days of Defendant's Answer. In addition, this form must be filed whenever either party is asking for financial orders from the Court.

General Financial Disclosure Form

Detailed Financial Disclosure Form - this form is only needed if: 1) one spouse earns more than $250,000 per year; 2) either spouse is self-employed or has an ownership interest in a business; or 3) the combined gross value of the parties' assets is more than $1,000,000.

Detailed Financial Disclosure Form

PRE-TRIAL MEMORANDUM PACKET

Pre-Trial Memorandum - Judges usually require each party to file a Pre-Trial Memorandum before a trial or evidentiary hearing. This is a summary of the arguments you plan to present at trial, as well as a list of witnesses and evidence that you plan to use.

MISCELLANEOUS DISCOVERY TOOLS

Request for Trial Setting

Subpoena - Issued by Clerk

Subpoena - Issued by Attorney

Stipulation and Order to Continue Hearing Date

 

 

Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155

Family Courts and Services Center
601 N. Pecos
Las Vegas, NV 89155

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