Department XXIV

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.

Department 24 is currently assigned Criminal and Civil calendars.

Motions & Regular Calendar Schedule

• Department 24 hears Criminal matters on Mondays and Wednesdays at 9:30 am, and Civil matters on Tuesdays at 9:30 am

Other Regularly Scheduled Court Sessions

• Court calendar times for all Department 24 calendars will begin at 9:30 am once all COVID restrictions have been lifted.
• 24 chambers calendar is set every Thursday. If a matter is set for 3:00 am, it is on the chambers calendar and no appearance is required.

Orders to Show Cause

• Orders to Show Cause will be issued for non-appearances. Failure to appear may result in a dismissal of the case or sanctions against the non-appearing attorney.

Motions that may be set for Chambers include:

• Application for Default Judgment

(Based on written contract under $50,000)

• Lower Court Appeals
• Motion for Additur
• 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
• 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

Court Recorder for official record

• Department 24 uses a Court Recorder. To request a transcript and/or CD of a hearing, please email the recorder, Ro'Shell Hurtado, at HurtadoR@clarkcountycourts.us with the request.

Courtesy Copies

• Currently, due to the COVID-19 pandemic and Administrative Order from the Chief Judge, we are currently not accepting paper 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 email to both the law clerk and JEA with the case number, title of motion, and hearing date in the subject line. If the files cannot be emailed, contact both the law clerk and JEA for Department 24.

Default judgments

• Department 24 requires a 7-Day Notice under NRCP 55(b)(2) regardless of whether an appearance has been made by the party against whom a default judgment is sought and it must not be combined with a Notice of Intent to Take Default.
• Default Judgments for a total award of less than $50,000, if based on written contract, may be submitted to chambers pursuant to EDCR 2.70. The proposed order should be submitted to the department at DC24inbox@clarkcountycourts.us and sent in both Word and PDF format.
• Prove-up hearings are required when: 1) The total damages sought are in excess of $50,000; 2) The claim is for personal injuries; 3) Punitive damages are sought; 4) Injunctive or declaratory relief is being sought; 5) The claim involves title to real property; 6) The application seeks damages in an amount differing from the Complaint; or 7) Future damages amount is unclear.
• Prove-up hearings are scheduled on the Department's Civil motion calendar days. Live testimony is required at the prove-up hearing. Witnesses may appear via BlueJeans, but must have video capability.
• 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 the chambers at least five (5) judicial days before the hearing. Exhibits must comply with Department 24’s exhibit guidelines.

Discovery Commissioner assigned

• Commissioner Erin Truman

Electronic Signatures

• Department 24 accepts facsimile, electronic, and typographical signatures, subject to EDCR 8.07(c). On stipulations, signatures may be facsimile, electronic, or typographical, provided the submitting party has written permission from the signing party or attorney for such.

Injunctive Relief

• Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motions.
• Unless unusual circumstances exist, ex parte applications for a temporary restraining order are not permitted. An affidavit of counsel in accordance with NRCP 65(b) regarding attempts to contact the party seeking to be enjoined or its respective 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 TRO and schedule a hearing for the Preliminary Injunction. 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 schedule a conference with counsel prior to any formal hearings. All counsel are required to be present at 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 TRO 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 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 written 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 ten 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.
• An Order Shortening Time submitted on a matter that has been previously filed and set for hearing will not be advanced without either 1) A Stipulation and Order or 2) Counsel to submit a Motion to Advance the Hearing on OST.

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 sixty (60) days before the trial date.

Omnibus Motions

• Department 24 requires that motions in limine be submitted as independently-noticed motions rather than omnibus motions.
• 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.
• Motions in limine are limited to ten (10) per side, NO EXCEPTIONS.

Zoom and Telephonic appearance request

• Zoom appearances are available, however counsel must arrange remote appearance prior to the scheduled appearance. Sentencings are to be conducted IN PERSON ONLY, NO EXCEPTIONS.
• Attorneys are required to be professional while on Zoom, by being on time, appropriately dressed, and keeping microphones muted while waiting for their case to be called.
• Please check-in in the chat including your name, the full case name, and the case number if you arrive after the Judge is on the bench.

Unopposed Motions

• Department 24 may grant unopposed motions in advance of the hearing per EDCR 2.20(e), if time permits. Counsel may check Odyssey to see if the hearing has been vacated and a minute order issued. Advance decision minute orders are sent by the Clerk to all parties. If an advance decision has not been issued, counsel should attend the hearing as the Court may have questions.

Contested Orders

• When counsel are unable to agree on the language of an order, counsel should submit their proposed order to Department 24, with a written statement outlining the differences in the competing orders. If a redline copy is available, counsel may also submit that document. No additional argument should be provided. Rather, the statement should be limited to identifying the language believed to be incorrect, and directing the Court to the alternate language proposed. Submissions to the Court containing substantive argument on the merits of a contested issue are disfavored, viewed as improper ex parte communication, even if copied to opposing counsel, and will, generally, be disregarded.
• Department 24 will choose the Order that most accurately reflects the Court's Decision. If after considering the proposed orders the Court believes additional input from counsel is appropriate, the Court may set a conference call or hearing to obtain additional information or argument from counsel. If neither order submitted is accurate, the Court will draft its own order.

Preparing the Order

• Unless otherwise noted in court, the prevailing party is to prepare the order. Department 24 requires proposed orders 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 requested to provide a draft to opposing counsel(s), allowing for a reasonable opportunity for review and comment. Non-drafting counsel may be required to sign the order prior to submission.
• PLEASE NOTE – Any order that is inconsistent with the oral ruling of the Court or the Court Minutes will be returned unsigned for correction or will be corrected via interlineation. Counsel should notify the Court of any perceived error in the Court Minutes by Motion pursuant to NRCP 60(a).

Submission of Orders

• All proposed orders should be emailed to the department inbox and sent in both Word and PDF format to DC24inbox@clarkcountycourts.us for review. Only orders should be sent to this email address. Please ensure all PDFs are not protected. This inbox is for orders only, not correspondence. No additional argument is to be included.
• Stipulations and Orders or other proposed orders requiring a signature of another person must have the email verification from that person attached as the last page of the document and not as a separate document, pursuant to Administrative Order 20-10.
• If approved, pursuant to Administrative Order 20-10, the document will be filed directly into Odyssey. It is the responsibility of the parties to ensure they are registered with Odyssey File and Serve to ensure receipt of filed documents and to send any Notice of Entry Orders, if applicable. The drafting party must also serve any parties not registered for file and serve. If there are no parties registered with file and serve, the document will be filed into the case, and it will be the responsibility of the drafting party to obtain a filed copy from Odyssey and ensure all parties are notified and/or served, if applicable.
• Parties will only be notified by the Department if there is a problem with the submission. The Department will not send filed copies directly to parties.

Petitions for 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. If the Petition includes the birth certificate, social security card and/or number, passport, or driver’s license, the drafting party must request to have the Petition filed under SEAL by submitting an Order to Seal the document to the DC24inbox@clarkcountycourts.us, along with the petition.
• Department 24 prefers that medical records only be submitted to Chambers. 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.
• Proposed orders for the petition should be emailed to the department inbox at DC24inbox@clarkcountycourts.us and sent in both Word and PDF format.

Sealing Criminal Records

• 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. 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 Order will be returned asking the Petitioner to file a Notice of Hearing.

Pro Bono

• If counsel is pro bono, they are to check in with the courtroom clerk in the morning prior to calendar and their case will be called at the earliest opportunity.

Trial Matters

Jury Instructions

• 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 Selection

• Department 24 uses a modified “Arizona Method” of jury selection. After general questions are asked of all prospective jurors by the Court, jurors are questioned individually by the Judge, plaintiff’s attorney, and defense attorney. After all jurors have been passed for cause, counsel will exercise peremptory challenges by writing the juror number on a form. Waiving one challenge does not mean waiving all challenges.

Verdict Forms

• All parties are 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.

Department Contact Information

• Law Clerk

702-671-0592
Dept24LC@clarkcountycourts.us

• Judicial Executive Assistant

Chapri Wright
Office – 702-671-0591
Fax – 702-671-0598
Dept24EA@clarkcountycourts.us

• Court Recorder

Ro’Shell Hurtado
702-671-0684
HurtadoR@clarkcountycourts.us