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(E) Such other information as the court may direct.
(2) Attorney affidavit. Each motion must be accompanied by an affidavit by the attorney responsible for the billing of the case or the litigants of the action containing the following:
(A) Authentication of the information contained in the motion;
(B) A statement of the amount charged by firm of costs, e.g., computer legal research;
(C) A statement setting forth the hourly rates usually charged for similar services; and
(D) A statement that the bill has been reviewed and edited.
(3) Opposition. Opposition to any motion for request for attorney’s fees must be in writing and filed and served pursuant to LR 9014. Unless such opposition contends that fees are not allowable as a matter of law, the opposition must set forth the specific charges that are disputed and the basis for such opposition. The opposition may include affidavits relevant to the fee issues. If no opposition is filed, the court may grant the application. The movant may file a reply within five (5) days.
(4) Hearing. If either party wishes to examine the affiant, such party must specifically set forth the request in the opposition or reply. Absent a request, the court may decide the application on the pleadings or may set the matter for further evidentiary hearing.
LR 7056. SUMMARY JUDGMENT.
(a) Motions. Motions for summary judgment shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is, or is not, genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission or other matter upon which the party relies.
(b) Responsive memorandum. Unless otherwise ordered by the court, an opposing party shall have fifteen (15) days after service of the moving party’s points and authorities within which to file and serve a memorandum of points and authorities in opposition to the motion.
(c) Reply memorandum. Unless otherwise ordered by the court, the moving party shall have ten (10) days after service of the responsive memorandum to file and serve a reply memorandum of points and authorities if it is so desired.
(d) Hearings on motions for summary judgment.
(1) The party moving for summary judgment shall obtain a hearing date from the clerk for the hearing of the motion. Unless the court shortens the time for hearing, the date shall be not less than forty-five (45) days from the date of the filing of the motion.
(2) If the opposing party files a countermotion for summary judgment, the original moving party shall have ten (10) days to respond to the motion. Unless otherwise ordered by the court, the countermotion shall be heard at the same time as the original motion.
LR 7062. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT.
Unless otherwise ordered by the court, a supersedeas bond must conform to the provisions of LR 7065.
LR 7064. SEIZURE OF PERSON OR PROPERTY.
(a) Service by the United States Marshal. The United States Marshal shall, without need of court order, be authorized to serve civil process on behalf of the United States Government.
(b) Service of process under state procedure. In those cases or proceedings where Federal Rules of Civil Procedure or Federal Rules of Bankruptcy Procedure authorize the service of process to be made in accordance with Nevada state practice, it shall be the duty of counsel for the party seeking the service to furnish the clerk with all necessary orders and sufficient copies of all papers to comply with the requirements of the state practice, together with specific instructions for administering service.
LR 7065. INJUNCTIONS.
(a) Qualification of surety. Except for bonds secured by cash or negotiable bonds or notes of the United States as provided for in LR 7065(b), every bond must have as surety:
(1) A corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds under 31 U.S.C. §§ 9304 through 9306;
(2) A corporation authorized to act as surety under the laws of the State of Nevada, which corporation shall have on file with the clerk a certified copy of its certificate of authority to do business in Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond;
(3) One (1) or more individuals each of whom owns real or personal property sufficient to justify the full amount of the suretyship; or
(4) Such other security as the court shall order.
(b) Deposit of money or United States obligation in lieu of surety. Upon order of the court, there may be deposited with the clerk in lieu of surety:
(1) Lawful money accompanied by an affidavit which identifies the legal owner thereof; or
(2) Negotiable bonds or notes of the United States accompanied by an executed agreement as required by 31 U.S.C. § 9303(a)(3) authorizing the clerk to collect or sell the bonds or notes in the event of default.
(c) Approval. Unless approval of the bond or the individual sureties is endorsed thereon by the opposing counsel or the party, if appearing in pro se, the party offering the bond shall apply to the court for approval. The clerk is authorized to approve bonds unless approval by the court is expressly required by law.
(d) Persons not to act as sureties. No officer of this court, nor any member of the bar of this court, nor any nonresident attorney specially admitted to practice before this court, nor their office associates or employees shall act as surety in this court.
(e) Judgment against sureties. Every surety who provides a bond or other undertaking with the court thereby submits to the jurisdiction of the court regardless of what may be otherwise provided in any security instrument. The surety who provides the bond or other undertaking irrevocably appoints the clerk as agent upon whom any paper affecting liability thereon may be served. Liability shall be joint and several and may be enforced summarily without independent action. Service may be made upon the clerk who shall forthwith mail a copy to the surety at the last known address.
(f) Further security or justification of personal sureties. At any time, upon reasonable notice to all other parties, any party for whose benefit a bond is presented or posted may apply to the court for further or different security or for an order requiring personal sureties to justify.
LR 7067. REGISTRY FUNDS.
(a) Deposits and investments.
(1) Funds will be deposited or invested in the Registry Account of this court pursuant to an order by the court. Funds deposited with the court are to be placed in some form of interest-bearing account unless otherwise ordered by the court. Financial institutions designated in 31 CFR 202 (formerly Treasury Circular 176) and the Court Registry Investment System (CRIS) administered through the United States District Court for the Southern District of Texas shall be the only investment mechanisms authorized unless otherwise ordered by the court. All applications, motions, or stipulations by a moving party to an action for an order, and any resulting order of the court, directing the clerk to deposit or invest funds deposited in the Registry Account of the court pursuant to 28 U.S.C. § 2041 shall contain, at a minimum, the following information:
(A) The amount of funds tendered for deposit.
(B) The party on whose behalf the tender is being made.
(C) The nature of the tender, e.g., interpleader funds deposit, cash bond in lieu of corporate surety in support of Temporary Restraining Order, etc.
(D) Whether the funds are being tendered pursuant to statute, rule or court order.
(E) The conditions of the deposit signed and acknowledged by the depositor, e.g., deposit into the Court Registry Investment System (CRIS) or a financial institution designated in 31 CFR 202, and if into a financial institution designated in 31 CFR 202:
(i) The type of account or instrument, any terms of investment;
(ii) The bank or financial institution where the funds are to be deposited or invested; and
(iii) The amount of insurance and the federal agency insuring the account or instrument, together with a statement as to other accounts held by said party or parties at the named bank or financial institution.
(F) Identification, if any, of any registry deposit intended to be a designated or qualified settlement fund and the identity of the fund’s administrator.
(2) In a financial institution is designated for the deposit into the court’s Registry, the funds shall only be deposited by the clerk in a financial institution designated in 31 CFR 202 (formerly Treasury Circular 176) and if such financial institution has pledged sufficient securities to secure the total sum of deposits in excess of FDIC coverage ($100,000 per account). Should the financial institution designated in the order not have sufficient securities pledged, the funds will be deposited in the Court Registry Investment System (CRIS) until the designated financial institution has pledged the required securities and the clerk has been provided with written verification thereof. At that time, the funds will be transferred to the designated financial institution.
(3) If the Court Registry Investment System (CRIS) is designated for the deposit into the Registry Account of the court:
(A) Under CRIS, monies deposited in each case or adversary proceeding account will be “pooled” together with those on deposit with Treasury to the credit of other courts in CRIS and used to purchase Treasury Securities, which will be held at the Federal Reserve Bank of Dallas, in a safekeeping account in the name and to the credit of the Clerk, United States Bankruptcy Court for the District of Nevada, hereby designated custodian for CRIS.
(B) A CRIS account for each case or adversary proceeding account will be established in CRIS titled in the name of the case giving rise to the investment in the system. Earnings received from the funds investments will be distributed to each case or adversary proceeding account based on the ratio each account’s principal and earnings has to the aggregate principal and income total in the fund each week. Weekly reports showing the interest earned and the principal amounts contributed in each case or adversary proceeding account will be prepared and distributed to each court participating in CRIS and made available to litigants and/or their counsel.
(4) In neither a financial institution designated in 31 CFR 202 nor the Court Registry Investment System (CRIS is designated for the deposit into the Registry Account of the court, the funds will be deposited in the Court Registry Investment System (CRIS).
Vegas Law
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