Department XVII

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.

Monday

• 9:00 a.m. Criminal Matters

Tuesday

• 9:00 a.m. Civil Matters
  • Rule 16 Conferences
    • Status checks
    • Trial Readiness
      • Motions in Limine
      • Motions for Summary Judgment
      • Motion to Dismiss
    • Pretrial/Calendar Calls

Wednesday

• 9:00 a.m.:  Criminal Matters

Thursday

• 9:00 a.m.: Civil Matters
  • Status checks
  • Trial Readiness
    • Motions in Limine
    • Motions for Summary Judgment
    • Motion to Dismiss
  • Pretrial/Calendar Calls

Department 17 has a regular chambers calendar on Friday.

Court Reporter or a Court Recorder for its official record

• Department 17 uses a Court Recorder: Jill Hawkins (hawkinsj@clarkcountycourts.us). Any request for daily transcripts must be made at least 14 days prior to the start of trial by contacting the court recorder in Department 17.

Discovery Commissioner assigned:

• Commissioner Adam Ganz

MOTIONS:

Considered without Oral Argument:

• Counsel are encouraged 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, generally involving non-dispositive motions, 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 submission. In those cases, the Court will issue a minute order which will be transmitted to the parties in advance of the hearing date.

Motions to Shorten Time:

• Ex Parte Motions to Shorten Time 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. Per EDCR 2.26, 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.

Motions to Withdraw as Counsel in Criminal Cases:

• In a criminal case, if counsel seeks to withdraw from the case due to financial issues, they must move to do so at least forty five (45) days before the trial date.

Omnibus Motions:

• Department 17 does not permit omnibus motions and requires that motions in limine be submitted as independently-noticed motions rather than omnibus motions. When filing motions in limine, please include the following format in the caption “Plaintiff’s Motion in Limine #1…..” “Defendant Clark’s Motion in Limine A…..”
• 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.
• If more than 10 motions in limine are filed in the same case, the Court will reset the motions for a special session on a Tuesday or Friday. Counsel must strictly adhere to EJDCR 2.47, an affidavit that lacks specificity or otherwise does not comply will be cause for the Court to deny the motion without hearing.

Unopposed motions:

• Generally unopposed motions will be granted in advance of the hearing date pursuant to EDCR 2.20(e).

Submission of Orders

• Proposed orders are to be submitted to chambers within ten (10) days of notification of the ruling, pursuant to EDCR 7.21.  Counsel designated to prepare the order is required to provide a draft to opposing counsel(s) prior to submission.  Disputes may be resolved by submission to chambers of competing orders, with an explanatory letter, copied on all parties. 

Appearances for Hearings:

• Department 17 permits telephonic and video appearances by counsel and/or parties via Zoom for all civil pre-trial matters.  Counsel and/or parites and witnesses do not need to file a motion to appear via Zoom unless the appearance is for trial or an evidentiary hearing. 
• If counsel are pro bono, they are to check in with the Court Clerk prior to the start of the calendar and their case will be called in the first group.

Courtesy Copies:

• Department 17 does not require courtesy copies. If a motion includes exhibits that are too large for e-filing and/or the quality of e-filing diminishes (i.e. audio/video files or photographs) please provide an electronic version via e-mail to the Law Clerk and JEA with the case number, title of motion and hearing date in the subject line. If the files cannot be e-mailed, contact the Law Clerk or JEA for Department 17.

Default Judgment:

• All Default Judgments with a principal amount of less than $35,000 in specific damages that are reasonably calculable from authenticated exhibits may be submitted to chambers. A proposed order must be included as an exhibit to any Application for Default Judgment when it is filed. The proposed order should also be submitted to the department inbox and sent in both Word and PDF format to DC17inbox@clarkcountycourts.us.
• All Applications for Default Judgments MUST include a Certificate of Mailing.
• All requests for attorney fees must be by motion.
• Default Judgments with a principal amount of $35,000 or more must be set on the Department's regular Civil law and motion calendar for a Prove-up hearing.
• Matters involving title to real property, punitive damages or general damages must be set for a Prove-up hearing. All Prove-up hearings require live testimony from a witness or witnesses provided either in person or via BlueJeans. If your Prove-up hearing will require more than 30 minutes, please contact chambers in advance to request a special setting.
  • A copy of the exhibits intended to be used at prove-up hearing must be attached as exhibits to the Application for Default Judgment or provided to chambers at least 5 days prior to the hearing.

Electronic Signatures:

• All documents requiring the signature of another person may be electronically signed without original signatures; however, the party submitting the document must obtain email verification of the other person’s agreement to sign electronically and submit the email with the filed documents.  Please include the email after the last page of the order.  The email should not be filed as a separate document.  Copies of an original signature are accepted. 

Injunctive Relief:

• Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motion.
• Ex parte applications for temporary restraining orders shall be presented to the Court 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.  The applicant must, by affidavit, show adequate advance notice to the other side or an appropriate exception in according with NRCP 65(b).
• At the time of the hearing for the 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 a TRO has been entered, it will likely be extended pending the evidentiary hearing in according with NRCP 65(b).

PETITIONS:

Minor’s Compromise:

• All Petitions to compromise the claims of minors may be submitted to Chambers for processing without placing the matter on the Court´s motion calendar.
• Department 17 prefers that medical records only be submitted to Chambers. NRS 41.200(3) does not require that medical records be filed, but they must be submitted for Department 17’s consideration in evaluating the Petition. 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.
• Proposed orders for the Petition should be emailed to the department inbox and sent in both Word and PDF format to DC17inbox@clarkcountycourts.us.

Sealing Criminal Records:

• A filed Petition will be placed on the chambers calendar to ensure that the proposed order has also been submitted.  The Court may sign the order without an order, when accompanied by approval by the appropriate prosecuting agency: D.A., City Attorney, and/or A.G.. Depending on the number of charges, the time-range, and the gravity of the charge(s), the Court may require a hearing. If needed, the Court will issue a Notice of Hearing.

TRIALS:

Jury Instructions:

• Department 17 requires all parties are to submit an electronic Microsoft Word version (via e-mail to the JEA and Law Clerk) of uncontested jury instructions no later than one (1) judicial day before trial. Contested jury instructions, as well as an explanation as to why the parties disagree, are to also be digitally submitted in a separate document the day before trial. Should the resolution of any proposed instructions depend upon the evidence or testimony being presented at trial, the settling of those instructions can be deferred until after the close of evidence, but otherwise the Court prefers to settle the instructions expeditiously so as to minimize inconvenience to the jurors.

Jury Questionnaire:

• Department 17 requires all requests for jury questionnaires be done by Stipulation and Order and must be filed at least six (6) weeks in advance of the trial date. If counsel is not in agreement, a motion must be filed and the Court will consider on a case by case basis, but generally is not inclined to permit jury questionnaires. The Court will not sign an order shortening time to hear a motion requesting jury questionnaires, and the motion must be heard at least six (6) weeks prior to the commencement of trial. The questionnaire must be submitted to the Court in final form for signature no less than five (5) weeks prior to the commencement of trial.

Jury Selection:

• Department 17 uses the modified "Arizona Method" of jury selection, requiring voir dire to be directed toward the minimum number of jurors necessary to be qualified, rather than the entire venire. During her questioning, the Judge will address the entire prospective venire for certain questions. After questioning, the Judge meets with counsel off the record/in the hallway 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 their 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 these prospective jurors are passed for cause, the parties exercise their peremptory challenges. Waiving one challenge does not mean all challenges are waived.   

Verdict Forms:

• Department 17 requires all parties to submit an electronic Microsoft Word version (via e-mail to the JEA and Law Clerk) of the verdict form no later than one (1) judicial day before trial is to begin.

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