U.S. Supreme Court Advance Sheet January 2012
A citation, style, and usage guide adopted by the Supreme Court in June Guide to Appealability of Interlocutory Orders. In addition to providing an overview of various issues pertaining to appealability, the guide illustrates the appealability of many practical examples of interlocutory orders. North Carolina Court of Appeals Legal Standards Database First published by the North Carolina Court of Appeals in June , the Legal Standards Database is intended to provide illustrations of the wide variety of standards of review, legal tests, and general statements of law employed at the N.
Court of Appeals. This is a great starting point for any practitioner writing an appellate brief, or any brief for that matter. The Program provides an opportunity for attorneys with arguments upcoming in the North Carolina Supreme Court or North Carolina Court of Appeals to simulate their arguments in advance in a secure, professional atmosphere. To schedule a moot session or for more information, contact Professor Andy Hessick ahessick email. Trial setting orders.
If the scheduling order is entered by a discovery commissioner, the commissioner must also notify the trial judge of the earliest reasonable date that the case will be ready for trial. The court will prepare, serve and file a notice or order setting the case for trial. Notice of scheduling and trial setting orders. Meetings of counsel before calendar call or final pretrial conference; pretrial memorandum.
The plaintiff must designate the time and place of the meeting which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. The attorneys must then prepare a joint pretrial memorandum which must be served and filed not less than 15 days before the date set for trial.
If agreement cannot be reached, a memorandum must be prepared separately by each attorney and so submitted. A courtesy copy of each memorandum must be delivered to the court at the time of filing. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits. This statement shall include with respect to each principal issue of law the position of each party.
Should the designated trial attorney or any party in proper person fail to comply, a judgment of dismissal or default or other appropriate judgment may be entered or other sanctions imposed. Final pre-trial conference.
Such conference may be held three weeks prior to trial or at any other time convenient to the court and counsel. Should the designated trial counsel fail to appear at the pre-trial conference or to comply with this rule, an ex parte hearing may be held and judgment of dismissal or default or other appropriate judgment entered or other sanctions imposed. Calendar call. The contested instructions must contain the name of the party proposing the same and the citations relied upon for authority.
At calendar call the court or its designee will inform counsel if such equipment is available in house or if counsel must procure the same and bring to the courtroom. Originals must be filed and a copy served on opposing counsel at or before the close of trial.
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State, Nev. Default judgment.
Supporting affidavits must be made on personal knowledge, not by the attorney representing the plaintiff; set forth such facts as would be admissible in evidence; show affirmatively that the affiant is competent to testify to the matters stated therein; and avoid mere general conclusions or argument. An affidavit substantially defective in these respects may be stricken, wholly or in part, and the court may decline to consider the application for the default judgment.
The application, together with any supporting affidavits, must be left with the clerk who shall promptly deliver the same to the judge for consideration in chambers. Stipulations for dismissal. A stipulation which terminates a case by dismissal must also indicate whether or not a Request for Trial Setting or Scheduling Order has been filed and, if a trial date has been set, the date of that trial.
Subpoenas for foreign deposition.
For purposes of Rule 7. Dismissal for lack of prosecution. Voluntary dismissal processing. In order to assist the court with its caseload management requirements, any voluntary dismissal that is prepared pursuant to NRCP 41 a 1 which resolves all pending claims and renders the case ripe for closure shall be delivered to the chambers of the assigned department prior to filing. Thereafter, the document can be filed. Consolidation and reassignment. If the negotiations later break down, then the court clerk will again reassign the involved cases back to their respective department s of origin.
The objection provision of subparagraph b hereinabove does not pertain to this present subparagraph c. The court will only consider late motions based upon an affidavit demonstrating good cause and it may decline to consider any motion filed in violation of this rule. A party filing a motion must also serve and file with it a memorandum of points and authorities in support of each ground thereof.
Failure of the opposing party to serve and file written opposition may be construed as an admission that the motion is meritorious and a consent to granting of the same. The opponent to the motion may respond orally in open court. Such requests are to be used only to bring to the attention of the court a matter of an emergency nature or to place a case on calendar when the matter is to be resolved, such as by entry of a guilty plea or for dismissal. An oral request to the clerk to place a case on the calendar for the hearing of any other matter is improper.
Discovery motions. The relief granted for all oral motions for discovery will be as follows:. All motions in limine to exclude or admit evidence must be in writing and noticed for hearing not later than calendar call, or if no calendar call was set by the court, no later than 7 days before trial. The court may refuse to consider any oral motion in limine and any motion in limine which was not timely filed. Writs of habeas corpus. In the event the judge to whom the case is assigned is not scheduled to hear motions on the 14th day following the service and filing of the petition, the notice must designate the next day when the judge has scheduled the hearing of motions.
Applications for extensions of time to file writs of habeas corpus must be for not more than 14 days. Further extensions of time will be granted only in extraordinary cases. Stay orders. An ex parte application for a stay of proceedings before a magistrate may only be made with the written consent of the State of Nevada. Any other application for a stay of proceedings before a magistrate may only be made after reasonable oral notice to the State. Ex parte motions to shorten time may not be granted except upon an affidavit or certificate of counsel describing the circumstances claimed to constitute good cause and justify shortening of time.
Papers which may not be filed. Except as may be required by the provisions of NRS This rule does not apply to applications made pursuant to Rule 7. Release from custody; bail reduction. Before the court may grant an own recognizance release or bail reduction, the court must be satisfied that the individual arrested will likely appear in court at the next scheduled appearance date and does not present a threat in the interim if released. Once the individual arrested makes an initial court appearance, all issues regarding custodial status shall be addressed by the judge assigned the case or any other judge specifically designated or authorized by the assigned judge.
A judge designated or authorized by the assigned judge, or by court rule, may release an individual from a bench warrant for a misdemeanor, gross misdemeanor or non-violent felony, or some combination thereof.
A district court judge may unilaterally increase bail for an individual arrested for a violent felony if the court is satisfied that the individual arrested will not likely appear in court at the next scheduled appearance date or presents a threat to the community in the interim if released. Probate judge. The chief judge for the Eighth Judicial District Court of Nevada shall be designated as the probate judge. The chief judge shall also have the discretion to designate one or more additional district court judges as alternate probate judge s to hear probate matters in the event that the probate judge is disqualified from hearing a matter or if the probate judge is unable to accommodate a matter for any good cause in the discretion of the probate judge.
Probate commissioner, generally.
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The probate commissioner shall be deemed a special master as governed and defined under NRCP 53 and these rules. The probate commissioner shall conduct a review of all necessary documents, conduct hearings as needed, prepare and file a written report containing findings, conclusions, and a recommendation for resolution as provided under these rules. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers all agree that the probate commissioner should not be disqualified, and the probate commissioner is willing to participate, the probate commissioner may participate in the proceeding.
The agreement shall be incorporated in the record of the proceeding. Authority of the probate commissioner. In contested proceedings, such attorney shall serve a copy of the proposed report upon counsel for all parties who have appeared at the hearing and are affected by the report, unless otherwise directed by the probate commissioner, and submit proof of such service to the probate commissioner with the proposed report.
Except when the probate commissioner believes it is appropriate to immediately enter the report, the probate commissioner will wait 5 judicial days before entering the report to enable the submission of a competing report by counsel for another party. If the probate commissioner drafts the report, the probate commissioner may effect service or direct one of the parties to perfect service of the same.
Such judicial review will be subject to review by the probate judge. A courtesy copy of the written request or objection shall be delivered to the probate judge at the time of service on all other parties. Unless otherwise ordered by the probate judge, the hearing shall be set on the next available probate calendar but no less than 20 days from the date of filing the request.
A moving party may file a reply memorandum of points and authorities not later than 5 judicial days before the matter is set for hearing. Transfer to the probate judge. In any matter referred to the probate commissioner, each party is entitled, as a matter of right, to have any contested matter heard before the probate judge provided that the probate commissioner has not made any ruling on such contested matter or commenced hearing such contested matter.
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A party wishing to exercise such right shall make the request to the probate commissioner in writing or orally prior to commencing the hearing on any contested matter.