Department XXVI

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.

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

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

• Tuesdays
  • 9:00AM: Status Checks, Unopposed and Routine Motions
  • 9:30AM:  Motions for Summary Judgment; Dismissal; 
• Wednesdays
  • 9:00AM: Order Shortening Time, Prove-Ups, Post Trial Motions
  • 10:00AM MIL/PJR and Lower Court Appeals Alternating
• Thursdays
  • 9:00AM  Mandatory Rule 16 Conferences except when Calendar Calls are set.
  • 9:30AM: Probate routine matters
  • 10:00AM: Probate Contested matters

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

• Dept. 26 uses a Court Recorder.  All hearings are recorded and transcript requests are made directly to Kerry Esparza using the above-referenced form.

• The calendar is prepped the week prior to hearing dates and the Court may, at its discretion, serve an Advance Decision minute order on routine matters that are unopposed.  If a minute order has not been served prior to the hearing, counsel should attend the hearing for questions from the Court.

• 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.

• 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 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.

• The title of a proposed Order should include the phrase contested Order; additionally, any order not signed by opposing counsel may be held for ten (10) days.  Cover letters should be submitted to Dept26LC@clarkcountycourts.us and CC’d to all counsel.  Absolutely no cover letters to DC26Inbox.

• 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.  

• 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.

• Extensive exhibits, briefs, addendums, etc., that are so voluminous they are tabbed and in binders should be delivered to the Department.  Anything smaller is not required—including Orders sent to the inbox.

• Most probate cases begin in the Probate Office under Commissioner James Fontano.  The Department will hear contested matters, with a proper 4.08 Transfer Request, Temporary Restraining Orders, and objections to Probate Commissioner Report and Recommendations.  

• 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.