Department XVI

Courtroom Protocol

No weapons are allowed. There is no eating, drinking, smoking or chewing gum in any courtroom.

Proper courtroom attire is required. No shorts or tank tops are allowed in the courtroom, shoes are required. T-shirts, which show offensive slogans or pictures, are not allowed. Hats should be removed before entering the courtroom.

While in the courtroom, sit quietly when court is in session. Do not talk or whisper. The court proceedings are being recorded by a court recorder and noise can interfere with the preparation of this important record.

All beepers, cellular telephones, and electronic devices must be turned off before entering the courtroom. Avoid reading newspapers, or books in the courtrooms, particularly if your use of such material may be a distraction to others.

Attorneys are expected to maintain the highest ethical standards at all times, and to strictly adhere to the opportunities, requirements, limitations, and deadlines set by the judge. All counsel are to be punctual for all conferences, hearings and trials. They are to be civil to one another as well as to all parties, witnesses, and court personnel - whether in front of a jury or the court.

Dept. 16 does NOT require the filing of a Notice of Intent to Appear Remotely

Judicial Executive Assistant:

Lynn Berkheimer ▪ (702) 671-4406 ▪ berkheimerL@clarkcountycourts.us  

Court Recorder:

Maria Garibay ▪ (702) 671-4402 ▪ garibayM@clarkcountycourts.us

Courtroom Clerk:

Victoria (Tori) Mercer ▪ (702) 671-0683 ▪ mercerV@clarkcountycourts.us

Law Clerk ▪ (702) 671-4403 ▪ dept16LC@clarkcountycourts.us

Current Assignment

• Department 16 is currently assigned Civil and Business Court cases.

Motion calendar schedule

• Department 16 hears Civil Court matters on Tuesdays and Thursdays and Business Court Matters are heard on Wednesdays.  Status Checks are set at 9:00 a.m., motions are set at 9:05 a.m., and dispositive motions are set at 9:30 a.m. 

Regular chambers calendar

• Department 16 does not have a chambers calendar. All matters are required to be set on the Department's regular motion calendar, and on the record.  Exceptions to this would be ex-parte Application to Extend Time for Service/Publication and Petition to Compromise Minor’s Claim.  Please see rule below controlling this. 

APPEALS and Request for Transcripts filed into Odyssey

• Counsel MUST serve the Request for Transcript for Appeals to Dept. 16’s Court Recorder, Maria Garibay. Garibay is NOT a service contact on any DC16 cases and MUST be served separately (do not add her as a service contact for your case).
• Failure to properly serve Ms. Garibay may result in your request not being timely fulfilled. You can serve via hand delivery to DC16’s inbox located on the 16^th floor or email Ms. Garibay at GaribayM@clarkcountycourts.us.

Motions

• Department 16 will consider motions in limine that are submitted as independently noticed motions or as omnibus motions. In any case, subjects of each motion in limine must be numbered and there can be no redundantly numbered motions in limine for any individual party. 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. The Court will not consider motions in limine which are not in compliance with EDCR 2.47.
• All motions seeking an extension of time to serve a party must be filed into Odyssey, and the Order submitted electronically to the DC16Inbox@clarkcountycourts.us for processing without placing the matter on the Court's calendar.
• Ex parte applications for Temporary Restraining Orders should be submitted to the DC16Inbox@clarkcountycourts.us for review, upon which time the Court will determine whether to issue an Ex Parte TRO and schedule a hearing for the Preliminary Injunction, or whether a hearing is necessary before the issuance of any injunctive relief.
• 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).
• Continuance of Hearings Set on Calendar - Dept. 16 requires a Stipulation and Order (EDCR 2.22(b).  Written Stipulation and Order must be submitted to the DC16Inbox@clarkcountycourts.us not less than one full judicial day before the hearing date.  If submitted to the inbox one judicial day prior to the hearing, please call/email the law clerk to advise.  If the stipulation is not in writing, counsel for movant must appear at the hearing and present the oral stipulation.

Motions on Orders Shortening Time

• Orders Shortening Time must be submitted directly to the departmental inbox at dc16inbox@clarkcountycourts.us –OST Motions are NOT filed into Odyssey by counsel. The court will then review the order shortening time and if applicable, sign the order and set a hearing date in Odyssey.  The Court will sign, e-file and serve the OST to all registered service contacts on Odyssey file and Serve.
• Order Shortening Time submitted on a Motion that was filed without the Judge’s signature, or on a matter that has been previously filed and a hearing has been set by the Clerk - Dept. 16 will not advance a hearing on a matter already set.  Dept. 16 requires either a Stipulation and Order of counsel to Advance the Hearing, or moving counsel to submit a Motion to Advance the Hearing on OST - no exceptions.

Courtesy copies

• Department 16 requires courtesy copies of all motions, oppositions and replies and they should be dropped off in the deliveries box on the sixteenth floor at least one week before the hearing or as soon as the document is filed. Courtesy copies of voluminous exhibits are not required, but any exhibits requiring particular emphasis or exhibits the parties would like the Court to review are welcome and encouraged.

Discovery Commissioner assigned

• Discovery matters in the Business Court are heard by the respective Business Court Judges, in Business Court cases, the judge appoints a special master for discovery matters. The Discovery Commissioner is utilized in non-Business Court civil matters. 

Rule 16/Discovery Conferences

• Rule 16 Conferences are conducted in all Business cases, set 30-60 days after the first answer is filed into Odyssey. 
• In non-Business Court cases, the Court will schedule a Discovery Conference following the filing of the JCCR.  Dept. 16 hears all Discovery Conferences via ZOOM videoconferencing (the link provided within the Order Scheduling Discovery Conference) - no live appearance is necessary.

Court Recorder for its official record

• Effective October 4, 2021, Department 16 will be using a Court Recorder. 
• For court recording transcripts from October 4, 2021 to present, contact Maria Garibay at GaribayM@clarkcountycourts.us.
• For court reporting transcripts from June 14, 2021 to October 1, 2021, contact Rhonda Aquilina by email at Rhondareporter16@gmail.com
• For court reporting transcripts prior to June 14, 2021, please contact Peggy Isom at Dept16Reporter@gmail.com 

Telephonic Appearances

• The Court prefers ZOOM for remote videoconferencing on all status checks, Rule 16 conferences, and unopposed motions wherein you participate by phone or through an internet enabled device. Live appearances are authorized and encouraged for opposed motions. Counsel may still appear via ZOOM videoconferencing for opposed motions.
• Please note all witnesses appearing telephonically must have the appropriate, court-approved notary and/or official present on their end to swear them in (this also includes Default Judgment prove-up hearings).

Video Appearances

• ZOOM videoconferencing will be offered for most matters. Counsel may contact chambers at 702-671-4406 to determine if they or their witness may appear via video no later than two days prior to the scheduled hearing.

Default Judgment prove-ups

• All Default Judgments for a total award of less than $50,000, if based on a written contract, may be submitted to the DC16Inbox@clarkcountycourts.us for Judge's review and signature/filing.  Personal injury claims and claims for title to real property require a prove-up testimony.  All Default Judgments for a total award of $50,000 or more must be set on the Department´s regular motion calendar. Live testimony is required at prove-up hearings. 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. ZOOM  Video appearances are also allowed.

Submission of Orders

• Department 16 requires proposed orders to be submitted electronically to the departmental inbox within fourteen (14) days of notification of the ruling, pursuant to EDCR 7.21.  DC16Inbox@clarkcountycourts.us 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

• 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.
• Competing orders must be submitted via email to the DC16inbox@clarkcountycourts.us address no later than 14 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.

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 DC16inbox@clarkcountycourts.us. A hearing is not required for this.
• 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.

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. 16’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.

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):

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.

Jury selection

• Department 16 uses a modified version "Arizona Method" of Jury selection. The presiding judge initially conducts voir dire of the entire panel. After questioning, the Judge meets with counsel at the bench to discuss whether any prospective jurors should be excused for cause. Prospective Jurors initially passing "cause" challenges are then seated in the Jury Box in the order of the Badge Numbers.
• Attorneys are then permitted to conduct voir dire examination of the jury in mass, or on an individual basis. After initial questioning, attorneys meet with the Judge at the bench to discuss whether any of these prospective jurors should be excused for cause. Once their prospective jurors are passed for cause, the parties exercise their peremptory challenges. Excusals for cause and peremptory challenges are discussed only at the Bench and later placed on the record. Excused jurors are not informed as to the reason for their discharge.

Jury Questionnaire

• Department 16 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 stack.  
• The jury questionnaire must be agreed upon by all counsel prior to submission to the Judge for the admonishment signature.  The juror’s name and signature are NOT allowed on the questionnaire – only the Juror ID and/or Badge Number.
• Jury Services does not have the capacity to allow jurors to complete questionnaires in Jury Services.  If a Jury Questionnaire is approved, it must be completed in the courtroom on the first day of trial, or on an earlier date convenient to the court and jury services.