Nevada Supreme Court Receives Petition Requesting Amendments to NRCP 41(e) re: Mandatory Dismissal
On Tuesday, June 2, 2020, the Nevada Supreme Court filed a petition in ADKT 0560 requesting amendments to Nevada Rule of Civil Procedure (NRCP) 41(e), regarding mandatory dismissal provisions.
The petition states that the administrative orders cancelling jury trials and suspending civil trials creates potential conflicts with NRCP 41(e)’s mandatory dismissal provisions. Rule 41(e) permits dismissal for lack of prosecution when an action is not brought to trial within two years of the filing of the complaint. It mandates dismissal when an action is not brought to trial within three years of filing of an appellate remittitur or a new trial order within five years of the filing of the complaint.
The petition also states that when trials resume, cases may not be brought to trial in time to avoid the mandatory dismissal deadlines in NRCP 41(e), which will resume running 30 days after the state of emergency in Nevada ends.
A subcommittee of the former NRCP Revision Committee recommends amending NRCP 41(e) to alleviate potential harm resulting from delays created by the prioritization of criminal cases over civil cases due to the COVID-19 pandemic. The committee’s proposed amendments are available in Exhibit B of the ADKT.
The committee has petitioned the Nevada Supreme Court to place this matter on its administrative docket, solicit public comments, and consider the proposed rule amendment.
For more information, see ADKT 0560.