Department XXVI

Videoconference Information

• Pursuant to ADKT 0581 Rules for Virtual Advocacy, all non-contested matters may be presumptively held virtually.

All contested matters are presumptively in person at 200 Lewis Place, 10th Floor, Courtroom 10D.  Exhibit B of ADKT 0581 may assist counsel with presumptive appearance decisions

• Department 26 is assigned a split docket of civil and criminal matters

Notice to Parties

• It is the responsibility of all parties to ensure they are registered with “file and serve” to receive any notifications. Please contact the Clerk’s Office to update your information

E-Service

• A party is not automatically registered for Electronic Service upon the filing of any document (including Complaints, Answers, Substitution of Counsel, etc.). For each case you must add yourself to the Electronic Service List. You will need to do this on each individual case you are counsel on. You should get in the habit of doing this when filing your initial pleading

Go to efilenv.com

Enter Search Criteria (search for case)

File Into Existing Case

Click Actions tab on right

View Service Contacts

Click on Actions to the right of the Party you represent

Add New Service Contact

Scroll down to bottom of page

Enter your information

Click on Save Changes

Appearances for Hearings

• Department 26 permits telephonic and video appearances by counsel and/or parties via ZOOM for all civil pre-trial matters. Counsel and/or parties and witnesses do not need to file a motion to appear via ZOOM, unless the appearance is for trial or evidentiary hearing
• If counsel are pro bono, they are to check in with the Court Clerk prior to the start of the calendar and their case will be called in the first group

Motion Calendar Assignment

• Civil Law and Motion calendars are heard on Wednesdays at 9:30 AM
• Criminal Law and Motion calendars are heard on Tuesdays and Thursdays at 8:30 AM

Regular Chamber Calendar

• Chamber calendars are set every Monday
• If a matter is set for 3:00 a.m., it is on the chambers calendar and no appearance is required.

Matters regularly placed on chambers calendar include:

Motion for Additur

Motion to Associate Counsel

Motion for Attorney’s Fees and/or for Costs

Petition to Confirm Arbitration Award

Motion to Consolidate

Motion to Enlarge Time for Service

Motions to Extend Time

Motion to Serve by Publication

Motion to Extend Discovery Deadlines

Motion for Stay

Motion to Interplead Funds

Motion to Intervene

Motion for Judgement Against Garnishee

Motion for Leave

Motion to Release Funds

Motion to Substitute Parties

Motion to Seal/Motion to Redact

Motion for Voluntary Dismissal

Motion to Withdraw as Counsel – (Notice must be provided to the client and all parties. Withdrawing counsel must comply with EDCR 7.40 and also provide the last known email address of the client in the motion) Petition for Compromise of Minor’s Claim

Pro Hac Vice

Motion to Amend Complaint or Answer

Status Check: Blocked Account

Status Check: Settlement Documents

Motion to Approve Good Faith Settlement

Motion for Determination of Good Faith Settlement

Discovery Commissioner Assigned

• Commissioner Erin Truman. All requests for extensions of discovery deadlines, whether or not trial is continued are heard by the Department

Court Recorder for its official record

• Department 26 uses a Court Recorder. All hearings are recorded and transcript requests are made directly to Kerry Esparza using the above-referenced form
• APPEALS and Request for Transcripts filed into Odyssey
• Counsel MUST serve the Request for Transcript for Appeals to Dept. 26’s Court Recorder, Kerry Esparza. Ms. Esparza is NOT a service contact on any DC26 cases and MUST be served separately (do not add her as a service contact for your case)
• Failure to properly serve Ms. Esparza may result in your request not being timely fulfilled. You can serve via hand delivery to DC26’s inbox located on the 10th floor or email Ms. Esparza at EsparzaK@clarkcountycourts.us

Motions

• Department 26 does not require courtesy copies. If counsel wishes to provide courtesy copies, electronic courtesy copies may be submitted to Dept26LC@clarkcountycourts.us
• All motions shall not exceed 30 pages, excluding exhibits, pursuant to EDCR 2.20(a), unless leave of court is obtained
• All exhibits to motions shall not exceed 100 pages, pursuant to EDCR 2.27(b). Exhibits exceeding 100 pages must be filed in a separately bound appendix that includes a table of contents, in accordance with EDCR 2.27(f)

Unopposed motions

• Department 26 may grant unopposed motions in advance. Counsel is required to appear for unopposed motions unless otherwise notified by the Court.

Opposed Motions

• Counsel should be present in the Courtroom for contested matters, especially when a lengthy oral argument is anticipated.  Court may set a special time after the motion calendar to handle these cases.

Submission of Orders

• Per AO 22-07, all Orders must be electronically e-mailed to DC26Inbox@clarkcountycourts.us, in both word and pdf form.  Inboxes are ONLY for submitting documents for judge’s signature. Only one PDF per submission. The proposed orders are to be submitted to the department’s inbox within 10(ten) days of notification of the ruling pursuant to EDCR 7.21.
• The email subject line should contain the following information:  Full Case Number – Filing Event Code – Subject of Order.  ABSOLUTELY NO ADDITIONAL ARGUMENT OR DISCUSSION SHOULD BE INCLUDED IN THE EMAIL.
• If approved, Judge will affix an electronic signature and the document will be automatically filed into the Odyssey case.  Registered users will be provided an email with a link to the Order.  Orders submitted with e-signatures must include the email thread verifying the approved use at the end of the Order. APPEALS and Request for Transcripts filed into Odyssey
• Counsel designated to prepare the order is required to provide a draft to opposing counsel(s), allowing for a reasonable opportunity for review and comment.  If the Order is not signed by opposing counsel, designated counsel to include a copy of the email providing the draft to opposing counsel as the last page of the document.
• Please submit the Order in both PDF and WORD format. ONLY PDF version is required for Stipulation and Orders.

Orders can ONLY be submitted to the DC16inbox email and NOT the law clerk’s or JEA’s email.

Contested Orders

• The title of a proposed Order should include the phrase Contested Order
• If both sides cannot agree, each side may submit their own proposed Order for approval of the Judge.  Any competing order without obtaining opposing counsel’s signature must be accompanied by a brief 1-page cover letter with bullet-points highlighting each instance of contested language and the reasons for the competing order.  The cover letter should be page 1 of the PDF Order.  CC’ the cover letter to all counsel.  Absolutely no cover letters to DC26Inbox.
• Competing orders must be submitted via email to the DC26inbox@clarkcountycourts.us address no later than 10 days from receipt of the first proposed order from adverse counsel. Instead of seeking to litigate any disapproval through correspondence directed to the Court or to counsel with copies to the Court, any such disapproval should be the subject of motion practice following entry of order. Letters to the Court containing substantive argument on the merits of a contested proposed order are disfavored, viewed as improper ex-parte communications, even if copied to opposing counsel, and will not be considered.

Rule 16/Discovery Conferences

• The Court will schedule a Discovery Conference following the filing of the JCCR.  Dept. 26 hears all Discovery Conferences via ZOOM videoconferencing (the link provided within the Order Scheduling Discovery Conference) – no live appearance is necessary.

Petition to Compromise Claims of Minors

• All Petitions to Compromise the claims of minors are to be filed into Odyssey. The proposed Order is to be submitted electronically to the DC26inbox@clarkcountycourts.us. NRS 41.200(3) does not require that medical records be filed. If medical records are filed as an attachment to the Petition, restricted personal information as defined by SRCR 2(6) and NRS 239B.030 must be redacted prior to filing. Failure to redact restricted personal information will require the Petitioner to file a motion to redact pursuant to SRCR 3 and EDCR 2.13 prior to the Judge signing off on the Order to Compromise the Minor’s Claim.
• Proof of Establishment of Blocked Account MUST include the Bank’s name, the Minor’s name, the date and amount deposited and the words “Blocked” or “Court Blocked Account” on the document(s). Please make sure that the SSN or the Petitioner or the Minor is redacted prior to filing these exhibits! Do not include a copy of the trust account check or deposit slip; documentation from the bank with the above requirements is all that is necessary.

Stipulations and Orders to Continue Hearings

• Per EDCR 2.22, continuances must be made by SAO—do not call the department.  A SAO should leave blanks for the Court to annotate the continued date; should explain the reason for the continuance and how much time is needed; also, dates the parties are not available.
• SAO’s to continue a matter must be filed at least 1 day in advance, otherwise counsel must appear and put stipulation on the record pursuant to EJDCR 2.22.

Stipulation and Order to Extend Discovery and Continue Trial

• When submitting a Stipulation and Order to Extend Discovery and Trial, the Order MUST contain the below Deadlines/Dates (leave blank or call the department for correct dates):

Trial Date:
Pre Trial/Calendar Call:
Deadline to File Pretrial Memorandum:
Deadline to file Motions in Limine:

Jury Trial Continuances

• AO 21-09 and EDCR 7.30 outline the procedures for continuing trials, which is either by Motion or a SAO with Attorney’s Affidavit.  Motions will be set for hearing but if the parties are agreeable, do not submit a Joint Motion, instead submit a SAO with Attorney Affidavit.  A new scheduling and trial order will follow the approval of the SAO.

Default Judgments

• All Default Judgments with a principal amount of less than $50,000 in specific damages that are reasonably calculable from authenticated exhibits may be submitted to chambers. A proposed order must be included as an exhibit to any Application for Default Judgment when it is filed. The proposed order should also be submitted to the department inbox and sent in both Word and PDF format to DC26inbox@clarkcountycourts.us.
• All Applications for Default Judgments MUST include a Certificate of Mailing.
• All requests for attorney fees must be by motion.
• Default Judgments with a principal amount of $50,000 or more must be set on the Department’s regular Civil law and motion calendar for a Prove-up hearing.
• Matters involving title to real property, punitive damages or general damages must be set for a Prove-up hearing. All Prove-up hearings require live testimony from a witness or witnesses provided either in person or via ZOOM. If your Prove-up hearing will require more than 30 minutes, please contact chambers in advance to request a special setting. While the Court prefers witnesses testifying live at the prove-up hearing, telephonic testimony appearances are permitted if a notary public is present with the witness for the purpose of administering the Oath to the witness.
• 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 chambers at least 5 days prior to the hearing. Exhibits must comply with Department 26’s exhibit guideline.

Order Shortening Time

• OST’S are no longer accepted embedded in a motion or petition.  Since the Inbox only accepts Orders, the underlying motion or petition should be filed with the phrase “Hearing Requested.” Master calendar will set a hearing in ordinary course.  Once the hearing is set, you can submit an OST with the attorney declaration for good cause to the Inbox. Again, the OST should be blank but explain any deadlines by which the matter needs to be heard.
• Ex parte Motions to Shorten Time must be submitted prior to filing the motion and 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.  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 (EDCR Rule 2.26).

Temporary Restraining Orders

• 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 appropriate. 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.

Petition to Seal Criminal Records

• Prior to filing, Petitioners are strongly encouraged to attempt to obtain approval by the District Attorney’s office.  All Petitions to Seal Records that were not previously submitted to the District Attorney’s office for approval must be filed.  The Court will serve all prosecuting agencies and set the matter for hearing on Dept. 26’s law and motion calendar.
• Pursuant to NRS 179.245 (2)(a), the Petition MUST be accompanied by the current, verified records received from the Central Repository for Nevada Records of Criminal History. All petitions must also be accompanied by a copy of the police/arrest report related to each charge included in the petition.  Petitioner must also submit an affidavit in support of the petition which must contain a brief biography of Petitioner’s life from the date of the arrest to the present, to include basic facts such as education, work and family history, life experiences and/or accomplishments, and arrests and/or charges not eligible for sealing, along with an explanation of why Petitioner seeks to seal petitioner’s records at this time.
• 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. However depending on the number of charges, the time-range, and the gravity of the charge(s), the Court may require a hearing and/or Affidavit of Rehabilitation from Petitioner, containing all relevant facts which establishes that Petitioner has been rehabilitated.  If a hearing is required, the Order will be held pending the scheduling of a hearing.

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.

Electronic signatures

• With the exception of documents requiring the signature of a notary, an electronic signature will be considered an original signature. All documents requiring a signature of another person may be electronically signed; however, the party submitting the document must obtain e-mail verification of the other person’s agreement to sign electronically. That verification must be embedded in the document or attached as the last page of the PDF.

Courtesy Copies

• Extensive exhibits, briefs, addendums, etc., that are voluminous need to be tabbed and in binders and should be delivered to the Department.  Anything smaller is not required.

Omnibus Motions

• Department 26 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, with specificity as to what attempts to resolve the matter were made, what was not resolved, and the specific points of disagreement.

• If more than 10 motions in limine are filed in the same case, the Court will reset the motions for a special session on a Monday or Friday. Counsel must strictly adhere to EJDCR 2.47, an affidavit that lacks specificity or otherwise does not comply will be cause for the Court to deny the motion without hearing.
• Please review the “Model Meet and Confer Declaration” located on the Discovery Forms and Information page of this website for guidance. The Court will not consider motions in limine which are not in compliance with EDCR 2.47, and may choose to take them off calendar for noncompliance and vacate the hearing.

Trial Matters

Audio-Visual Equipment

• The courtroom is equipped with an ELMO and television monitor for attorney use. A request for any other equipment must be submitted to District Court IT immediately following calendar call.  Any additional equipment brought in by counsel must work in the available court space without blocking the view of the judge, jury or opposing counsel.  If you plan to admit a DVD or audio recording you must provide a way for the jury to view the exhibit during deliberation.  If using laptops or other equipment for trial, please make arrangements with IT to come in early, set up and test equipment.  Make sure to have a paper back-up of any PowerPoint slides or other electronic presentations.  You can reach the IT Dept. at CourtHelpDesk@ClarkCountyCourts.us.

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. For Criminal Trials, 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. For Civil Trials, these should be submitted by calendar call.  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 1 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 26 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

JEA:   Carmen Alper

Tel: (702) 671-3628

alperc@clarkcountycourts.us

Law Clerk: Constantine Arhontas

Tel: (702) 671-0881

Dept26LC@clarkcountycourts.us

Court Clerk:  Marilyn Zamora

Tel: (702) 671-0682

zamoram@clarkcountycourts.us

Court Recorder:  Kerry Esparza

Tel: (702) 671- 0880

EsparzaK@clarkcountycourts.us