Eighth Judicial District Court: Court Operations re: Civil-Domestic Matters

On Wednesday, March 25, the Eighth Judicial District Court issued Administrative Order 20-11, regarding changes to court operations regarding civil-domestic matters in response to the coronavirus. The following measures are ordered to allow the court to continue processing civil-domestic matters to the extent possible while balancing health and safety concerns.

Confidential Reports: Confidential reports (including custody evaluations, child interviews, brief focus assessments, drug test results and paternity test results) shall be transmitted electronically to retained counsel. Self-represented litigants may convey the information contained in confidential reports by telephone.

Courtesy Copies: EDCR 5.15 is suspended and all submissions should adhere to the requirements of Administrative Order 20-10.

Motions: The court may deny a motion at any time. The court may grant all or any part of a motion after an opposition has been filed or 21 days after service of the motion if no opposition was filed. The court may issue other written orders relating to the motion filings as it deems appropriate. Hearings are to be conducted consistent with Administrative Order 20-10. Motions related to emergency legal and physical custody issues receive priority with respect to the scheduling of a hearing on an appropriate order shortening time.

Rule 16.2 and 16.205 Conferences: Early case conferences should continue to take place, but should be conducted by telephone, teleconference, videoconference or other alternate means. If an early case conference cannot be accomplished by alternate means, it shall be rescheduled. All deadlines for initial disclosures, disclosure of expert witnesses and testimony, supplementation of discovery, pre-trial disclosures and filing of joint and/or individual case conference reports shall be stayed for 30 days. All initial disclosures, supplements and other written discovery shall be exchanged only through electronic means for 30 days.

Discovery: Any deposition pursuant to NRCP 30, that is scheduled to be conducted within the next 30 days, may be conducted by telephone, teleconference, videoconference or alternate means. Upon agreement of the parties and deponent, the in-person requirement of NRCP 28 and 30(b)(5) may be modified, adjusted for social distancing requirements or waived. However, if no stipulation or other agreement can be reached by the parties, there shall be no in-person deposition conducted within 30 days.

All pending, unexpired discovery deadlines pursuant to NRCP 31 (depositions by written questions), 33 (interrogatories to parties) 34 (producing documents, electronically stored information and tangible things, or entering onto land, for inspection or other purposes), and/or 36 (requests for admission) shall be stayed for 30 days. The parties shall vacate and reschedule any in-person NRCP 35 examination that is to be conducted within 30 days from the date of this order. All discovery hearings in the next 30 days shall be conducted by alternative means. Discovery motions may be resolved on the papers by way of a written recommendation issued by the judicial officer assigned to the civil-domestic discovery calendar.

Continuance of Trials/Evidentiary Hearings: Civil-domestic trials and evidentiary hearings may be conducted by alternative means under the Nevada Supreme Court Rules Part IX-B Rule 1(6) or continued. The continuance of any trial or evidentiary hearing will be considered on a case-by-case basis. Judges are encouraged to liberally grant continuances to allow time for preparation.

Settlement Conferences Vacated: All judicial settlement conferences are vacated. The department currently assigned the judicial settlement conference shall coordinate with retained counsel to reschedule the settlement conference to a date after June 1, 2020. Parties who have settlement conferences set through the Senior Judge Program should contact the Senior Judge Program to reschedule their settlement conference or inquire whether it will go forward by alternative means.

Writs of Execution and Writs of Garnishment: The provisions of Administrative Order 20-09 related to writs of execution or writs of garnishment shall not apply to writs issued for the purpose of the collection of support (child support or spousal support).

For more information, see the Eighth Judicial District Court’s blog.