Department XXVII

Current Assignment

• Department 27 is currently assigned Civil Court and Criminal Court Dockets.

Motion calendar schedule

• Department 27 hears Civil Court matters on Wednesdays beginning at 9:00 a.m. & Criminal Court matters on Tuesdays and Thursdays beginning at 9:30 a.m. Matters are set every thirty minutes.

Other regularly scheduled court sessions

• As needed

Regular chambers calendar

• Department 27 does have a regular chambers calendar every Thursday. Matters regularly placed on the chambers calendar include but are not limited to:
  • Application for Default Judgment (under $100,000) – Chambers –> If the amount is greater than $100,000 or involves real property then an Oral hearing is needed.
  • Justice Court Appeals – Chambers
  • Motion to Associate Counsel – Chambers
  • Motion to Withdraw – Chambers
  • Motion for Clarification – Chambers
  • Motion for Reconsideration – Chambers
  • Motion to Seal/Motion to Redact – Chambers – Motion to Seal Criminal Record needs an oral hearing
  • Motion (Ex Parte Motion/Ex Parte Application) to Extend Time to Serve Complaint – Chambers
  • Motion (Ex Parte Motion/Ex Parte Application) to Enlarge Time to Serve – Chambers
  • Motion or Application to Serve Complaint by Publication – Chambers
  • Motion to Interplead Funds – Chambers
  • Motion to Release Funds – Chambers
  • Motion for Voluntary Dismissal – Chambers
  • Motion for Attorney’s Fees – Chambers
  • Motion for Preferential Trial Setting – Chambers
  • Motion to Extend Discovery Deadlines – Chambers
  • Motion to Retax – Chambers
  • Pro Hac Vice – Chambers
  • Status Check: Blocked Account – Chambers

Discovery Commissioner assigned

• Commissioner Erin Truman

Court Reporter or a Court Recorder for its official record

• Department 27 uses a Court Recorder. The Transcript Order Form is linked above.

Telephonic/Remote Appearance Request

• Civil – For calendars and hearings, parties and counsel may appear via zoom unless otherwise directed by the Court.
• Criminal – Defendants are expected to appear in person unless counsel requests Court approval for Defendant’s appearance via zoom in advance. Attorneys for criminal cases may appear via zoom for calendars unless otherwise directed by the Court. Attorneys for criminal cases are expected to appear in person for hearings with witnesses unless counsel requests Court approval in advance.
• See Department 27 Zoom Information linked above.

Unopposed motions

• Department 27 will grant unopposed motions in advance of the hearing date.

Default judgment prove-ups

• All Default Judgments for a total award of less than $100,000 may be submitted to chambers. All Default Judgments for a total award of $100,000 or more must be set on the Department´s regular motion calendar. Live testimony is required for the prove-up hearing; witnesses may appear by Court Call. Remote witnesses must be able to prove their identity.

Injunctive Relief

• Noticed motions for temporary restraining orders and preliminary injunctions are heard as any other motions.
• Ex parte applications for temporary restraining orders shall be presented to the Court to be resolved in chambers.  The applicant must, by affidavit, show adequate advance notice to the other side or an appropriate exception in accordance with NRCP 65(b).

Omnibus Motions

• Department 27 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. The Court will not hear on its oral calendar undisputed motions in limine that ought to have been resolved via EDCR 2.47 conference or stipulation.

Pro Bono

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

Submission of Orders

• Order Shortening Time – A Request for an Order Shortening Time (“OST”) must be hand delivered to the department drop box. Advance notice to the JEA or law clerk is welcome. Any and all requests for OSTs must have a courtesy copy of the Motion/Application attached. Requests for OST must contain proposed dates and a detailed explanation for the request. Please be sure to identify a contact person to be called for pickup.
• Order Language – The proposed Order will not be signed if “IT IS SO ORDERED” language and signature line are on a separate page from the content of the Order. The signature line must be on a page describing what the Judge is ordering. Alternatively, the Judge’s signature line may be on the same page as the other signatures provided that there are at least two lines of text from the stipulation. The only exception is if there are multiple signatures, and it is not possible for the party to put the Judge’s signature with two lines of text, in which case the parties need to ensure the Judge’s signature is at least on a page with some of the signatures, and the case number/name of the document is included on the page to be signed.
• UNLESS OTHERWISE NOTED IN COURT, THE PREVAILING PARTY IS TO PREPARE THE ORDER. Department 27 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 encouraged to provide a draft to opposing counsel(s), allowing at least a full day for review and comment, before delivery to the Court. Non-drafting counsel is not required to sign the order approved as to form prior to submission, unless the Court directs otherwise.
• 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).
• All stipulations and orders for dismissal must comply with EDCR 2.75 or they will be returned.

Contested Orders

• All Parties should sign and approve the proposed order before submitting it to the Department 27 inbox (DC27Inbox@clarkcountycourts.us). Department 27 will not accept competing orders.
• When counsel cannot agree on the language of an order, therefore disapproving of the order, counsel who was directed to prepare the order should email the proposed order in a word document to the law clerk (DC27Inbox@clarkcountycourts.us). The objecting party should email their objection or a redlined version of the proposed order and a copy of the hearing transcript if one is available. Generally, the Court will enter an order after reviewing the competing versions and any record of the hearing.
• Letters to the Court containing substantive argument on the merits of a contested issue are disfavored, viewed as improper ex parte communications, even if copied to opposing counsel, and will generally be disregarded.
• Transcripts can be requested through the court recorder (WhiteB@clarkcountycourts.us).

Electronic Signatures

• District Court Department XXVII accepts facsimile and electronic signatures

Jury selection

• Department 27 uses the “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.

Courtesy Copies

• Counsel for the moving party is required to submit physical, paper courtesy copies of all related briefing, affidavits, and exhibits, including those filed by other parties at least five judicial days prior to the scheduled hearing pursuant EDCR 2.20(g) and 7.26(d). All courtesy copies must be hand delivered to Department 27’s chambers box (RJC, 5th floor), be single sided with all exhibits tabbed, and comply with EDCR 2.27. Failure to provide the Court with courtesy copies may result in your motion being denied or continued to a later date to allow counsel to provide courtesy copies to the Court.

Special Settings

• Required for any matter which requires total argument of over 20 minutes.

Mandatory Rule 16 conferences

• The parties are to discuss the following matters at the Early Case Conference and include this information in the Joint Case Conference Report when possible:
  • How do counsel intend for discovery matters to be handled? Are they willing to consult with a Discovery Commissioner before filing motions for the judge to hear?
  • How do you expect to conduct discovery? Will there be a discovery plan? Do you intend to do written discovery before setting depositions?
  • Will you be able to determine the order depositions will be taken in? Will you need extra time for any depositions?
  • Will there be an issue with apex depositions?
  • If this is a high conflict case, how will you expect to involve the judge? How will you notify the Court about needing intervention during depositions regarding the scope of the examination?
  • Will there be a Stipulated Protective Order in this case?
  • Have you discussed ESI protocols?
  • Have both sides made preservation requests?
  • Are there any legal issues that may be ripe for resolution before close of discovery? Have you considered bifurcation of issues?
  • The court expects for your Initial Disclosures to be comprehensive, even if made on a rolling basis. What has been disclosed before the Rule 16 conference?
  • Special Settings are needed any time a matter will need more than 20 minutes of argument
  • As matters become ripe for mediation, stipulate to potential dates and contact the JEA in Department 27.
  • What efficiencies can be built into your discovery plan?
  • If there is a probability for appointment of a Special Master, the parties compile a list of 3 names, ranked in order of preference. Each name must be aware of the possibility of appointment, have sufficient capacity to take on the assignment, be conflict free and provide a list of their fees.
  • Are there unique legal or factual issues the parties are aware of now?
  • Is there a possibility a Receiver will need to be appointed? The same protocol used to select Special Masters is employed in appointing Receivers.
  • Is the competence of any party or witness an issue?
  • Is this a case where phased discovery may be warranted?
  • How many 30(b)(6) witnesses are expected from each party? How will the order of their depositions be scheduled?
  • Will the parties be able to agree on remote witnesses for depositions or trial?
  • Do you anticipate needing to schedule telephonic hearings with the Judge in this case?
  • All pre-trial motions should be done on special settings
  • Motions in Limine are disfavored for bench trials.