Department XIII

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.

Current assignment

• Department 13 is currently assigned Civil Court and Business Court dockets.

Motion calendar schedule

• Department 13 regularly hears all regular Civil Court and Business Court motions on Mondays (or Tuesdays if Monday is a Holiday) and Thursdays at 9:00 a.m.  Occasionally, motions are scheduled on other days on orders shortening time. 

Other regularly scheduled court sessions

• Department 13 also conducts Calendar Calls, Pretrial Conferences and Rule 16 Conferences on Monday (or Tuesday if Monday is a Holiday) afternoons and Business Court Settlement Conferences on Fridays at 9:30 a.m.

Regular chambers calendar

• Department 13 does not have a regular chambers calendar.  All matters are required to be set on the Department’s regular motions calendar.

Injunctive Relief

• Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motions. 
• Ex parte applications for temporary restraining orders are scheduled by appointment with the Judge in chambers with instructions to counsel to be prepared to show adequate advance notice to the other side per NRCP 65(b) of the date/time of such appointment for the application.  Whether or not the TRO is granted, the hearing on the motion for preliminary injunction will be scheduled at that time for a motions calendar (non-evidentiary). 
• 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 TRO has been entered, it will likely be extended pending the evidentiary hearing in accordance with NRCP 65(b). 

Rule 16 Conferences

• Rule 16 Conferences are conducted in all Business Court cases.
• In non-Business Court cases, the Court will consult with counsel via the JCCR relative to issuance of the scheduling order and will calendar a Rule 16 Conference if one is requested therein per NRCP 16(b). 

Discovery Commissioner assigned

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

Court Reporter or Court Recorder for its official record

• Department 13 uses a Court Recorder

Telephonic appearance requests

• Department 13 does not use Court Call for telephonic appearances.
• Judge Denton DOES NOT require a Notice to Appear Via Audiovisual to be filed for remote appearances.

Unopposed motions

• If an unopposed motion has not been granted by minute order before the hearing date, the Court will call the case at the hearing, and, unless it has questions, grant the same without requiring appearance of counsel.  If it has questions and there is no appearance of counsel, the Court will likely continue the matter to another motions calendar and provide copies of the minutes doing so to counsel. 

Default judgment prove-ups

• A Default Judgment prove-up hearing is not required unless damages are not readily ascertainable by affidavit reference to bills, costs, promissory notes, and other instruments, and calculations of principal and interest based thereon.  However, prove-up hearings are required for damages that are not so ascertainable, such as damages for pain and suffering and punitive damages.  Live testimony is generally required at Default Judgment Prove-Up hearings.

Submission of orders

• Department 13 requires proposed orders to be submitted to chambers within fourteen (14) days of notification of the ruling pursuant to EDCR 7.21 to DC13Inbox@clarkcountycourts.us.  Counsel designated to prepare the order is occasionally, but not always, requested to provide a draft to opposing counsel.  Dependent upon the history of the case and nature of the Order, the Court may either direct submission of competing proposed orders or direct the prevailing counsel to submit the order to the Court.  Disputes may be resolved by motion practice.  The Department does not consider unsolicited correspondence from counsel regarding such disputes.

Proposed orders sent to the department’s inbox should include only a blank line for the judge’s signature, e.g. ______________.  Signature lines should not include a date, judge’s name, or judge’s title.  Sufficient space should be allowed above and below the signature line for the judge’s signature and the electronic stamp including date, title, and name of the judge. 

PLEASE BE SURE YOUR ORDERS HAVE THE CORRECT CAPTION, CASE NUMBER, DEPARTMENT NUMBER, AND PAGE NUMBERS!

Documents must be submitted as a PDF document.

The e-mail subject line must identify the full case number, the filing event code, and the name of the case.  The information must be in that order for the Court’s automated filing system to work properly.  This naming convention looks like:  A-22-123456-C – ORDR – Smith v. Doe.   Documents not properly submitted may be returned.

NO ADDITIONAL ARGUMENT OR DISCUSSION SHOULD BE INCLUDED IN THE E-MAIL. 

After reviewing submitted documents, the judge will electronically sign and file the order into the Odyssey system.  Such documents will be served to all parties registered for electronic service.  Parties are responsible for filing the Notice of Entry of Order as well as serving orders by mail to any party who is not registered for electronic service. 

Contested Orders

• 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. 

Electronic signatures

• Electronic/typographical signatures are acceptable on all documents that DO NOT require Judge’s signature.  For documents requiring Judge’s signature, 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 document. 

Jury selection

• Department 13 uses the “Arizona Method” of jury selection, and it provides a written explanation of the procedure to counsel at the pre-trial conference.  Please see handout above, “DC 13 Jury Selection Procedure.doc.”

Courtesy copies

• Department 13 appreciates courtesy copies of all motions, oppositions and replies and they should be dropped off in the deliveries box on the sixteenth (16^th) floor at least one week before the hearing or as soon as the document is filed.  Any oppositions or replies filed one judicial day prior to the hearing should be emailed to the Department’s law clerk as soon as the document is filed.  Courtesy copies of voluminous exhibits are not required, but any exhibits considered to require particular emphasis are welcome.