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Due to the current situation with coronavirus in Clark County, the goal to re-commence with criminal jury trials is slated for September 8. Several courtrooms on the third floor will be converted to make them as safe as possible including: plexiglass partitions and rearranged seating to allow social distancing for all jurors.  

Civil trials are expected to get underway in October. Once a few criminal cases have been done, more insight should be available on the circumstances and challenges that will be encountered going forward. Trial dates are being set to get processes underway, despite the potential that those dates may need to be re-set based on conditions at the time. Once we are able to look at civil jury trials, five-year rule cases, three-year med mal cases and preferential setting cases will have priority. Civil judges are prioritizing cases based on statutory requirements.

For criminal trials, District Court departments will continue to have trial readiness conferences in hopes of setting criminal settlement conferences. Cases with trial dates between now and Sept. 7, will be returned to the department to reset the trial. From here on out, trial readiness conferences will be handled based on the trial date set in the department. If at the conference the lawyers are ready to go and the trial date is available on the central calendar, then it will be set on the central calendar at trial readiness.  

If a criminal trial needs to be continued, the goal is to set it out at least 45 days to allow time to subpoena witnesses.  The goal for out-of-custody cases is at least six month, unless there is a unique circumstance.    

Just a reminder, only gross misdemeanor pleas can be taken in absentia per NRS 178.388, and then only if the defendant is in prison in another jurisdiction. Many detention facilities can make an inmate available by telephone or video for a felony plea if that is needed.

The Criminal Rules of Procedure committee is wrapping up and should have a draft of the entire rules out by sometime in September. The rules will have to be approved by the Nevada Supreme Court.

There will be a virtual Criminal Judges Meeting on Aug. 19 at noon. 

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