Department IX

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.

Documents

Stipulated Protective and Confidentiality Order
Civil Bench Trial Procedure
Jury Trial Information
Model Order for Gambling Treatment Diversion Court
Deposition Designation Form
Department 09 Zoom Information (Effective January 29th 2024)

Current Assignment

• Department IX is currently assigned a Civil Court docket.

Motion Calendar Schedule

• Department IX typically hears civil law and motions on Tuesdays and Thursdays at 9:00 AM in Courtroom 5A of the Regional Justice Center.

Other and Special Settings

• Department IX will provide special settings for motions and other matters. If, after an opposition is filed, all counsel to a case believe that a motion warrants a special setting due to its complexity, counsel should email the Department IX Law Clerk, cc’ing all other counsel, requesting the setting, proposed dates and times for the setting, and the amount of time each party seeks for argument. The Department will review the request, and if appropriate, will reset the hearing.

Regular Chambers Calendar

• Department IX has a regular chambers calendar every Friday. Matters set on the chambers calendar are decided upon the written submissions. The Court will issue a minute order or a written order which will be transmitted to the parties.
• At this time, the following matters are automatically set on chambers calendar, although the Court may set other matters on its chambers calendar after an opportunity to review the briefs:
  • Lower Court Appeals
  • Motion for Additur
  • Motion to Amend Complaint
  • Motion to Associate Counsel
  • Motion for Attorney’s Fees
  • Motion for Clarification
  • Motion to Confirm Arbitration Award
  • Motion to Consolidate
  • Motions to Extend/Enlarge Time to Serve Complaint and/or to Serve Complaint by Publication
  • Motion to Extend Discovery Deadlines
  • Motion for Stay
  • Motion to Interplead Funds
  • Motion to Intervene
  • Motion for Judgment Against Garnishee
  • Motion for Leave
  • Motions in Limine
  • Motion for Reconsideration
  • Motion to Release Funds
  • Motion to Seal and/or Redact
  • Motion to Substitute Parties
  • Motion for Voluntary Dismissal
  • Motion to Withdraw as Attorney of Record
  • Objection to Discovery Commissioner’s Recommendation
  • Petition for Compromise of Minor’s Claim
  • Pro Hac Vice

Injunctive Relief

• Noticed applications for temporary restraining orders and motions for preliminary injunctions are heard as any other motions, subject to possible special setting for the hearing.
• Unless unusual circumstances exist, ex parte applications for temporary restraining orders are not permitted. An affidavit of counsel in accordance with NRCP 65(b) regarding efforts to contact the party seeking to be enjoined or the party’s 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 temporary restraining order and schedule a hearing for the preliminary injunction motion. 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 typically (but not always) schedule a conference with counsel prior to any formal hearings. All counsel are required to attend 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 temporary restraining order 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.

Motions to Shorten Time

This department accepts motions on order shortening time submitted to the department inbox. The party submitting such a motion must carbon copy (CC) all other parties on their submission to the department inbox. Motions to shorten time will 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, the order shortening time must be served upon all parties promptly. Per EDCR 2.26, an order shortening the time of the hearing to less than 10 days may NOT be served by mail. In no event may the hearing of a motion be shortened to less than 1 full judicial day.

Discovery Commissioner Assigned

• Discovery Commissioner Erin Truman has been assigned to Department IX.

Court Recorder for the Court’s Official Record

Gina Villani – (702) 671-4391 – villanig@clarkcountycourts.us

Media Requests

This department adheres to the presumption that all court proceedings that are open to the public are subject to electronic coverage. Media requests are, therefore, granted as a matter of course, including on less than 24 hours’ notice.

Unopposed Motions

• This department may grant unopposed motions in advance of the hearing date.

Motions Considered without Oral Argument

This department encourages parties to submit written briefs that thoroughly address all issues and arguments related to each motion and include all exhibits, affidavits, and evidence that they deem relevant to the disposition of the matter. In appropriate cases, the court may, after reviewing the pleadings and materials submitted by the parties, deem that oral argument would not be necessary or helpful to the disposition of the matter and may instead decide the matter based on the written submissions.

Courtesy Copies

This department does not automatically require courtesy copies. If the court requires a courtesy copy, the court will typically issue a minute order directing the parties to deliver courtesy copies by a certain date.

Applications for Default Judgment and Prove-Up Hearings

• Prove-up hearings are required when: 1) The claim is for personal injuries; 2) The total damages sought are in excess of $50,000; 3) The claim is in regard to title of real property; and 4) anytime punitive damages are sought.
• If a party has filed an default judgment application for which no prove-up hearing is required (i.e., on a breach of contract claim for less than $50,000), that party should submit a proposed order on the application to the department inbox, so that the court may consider the application on the papers prior to any scheduled hearing.

Submission of Orders

• To the extent counsel may be directed to prepare an order, the preparing counsel shall draft the order in Microsoft Word format and provide a copy to all other counsel at least 7 days before the order is due for submission (which, pursuant to EDCR 7.21, is 14 days after notification of the court’s ruling.)
• Non-preparing counsel shall make any changes to the proposed order in track changes and shall provide a track changes copy to preparing counsel at least 2 days before the order is due for submission, noting SUCCINTLY in a comment box attached to the change the reason for the change.
• Preparing counsel shall accept any tracked changes preparing counsel finds appropriate but shall leave in tracked changes all changes preparing counsel does not accept. Instead, preparing counsel shall SUCCINCTLY identify preparing counsel’s objection to any unaccepted tracked changes in a reply comment box and send the Word document, cc’ing all counsel, to the Department IX Law Clerk WITHOUT ANY FURTHER CORRESPONDENCE OR ARGUMENT.
• The Court shall review any contested orders and make a final determination following review. If following entry of the order there remains a dispute, the disputing party may file a motion for reconsideration or clarification if the party has a cognizable basis for doing so.
• In appropriate cases (and most frequently in connection with dispositive motions such as motions seeking dismissal or summary judgment), the court may draft and file its own order instead of signing an order submitted by one of the parties and/or may (significantly) modify a proposed order.