LCR 45-4. CONTINUANCE OF TRIAL DATE - SPEEDY TRIAL ACT. A request to continue a trial date, whether by motion or stipulation, will not be considered unless it sets forth in detail the reasons why a continuance is necessary and the relevant statutory citations regarding excludable periods of delay, if any, under the Speedy Trial Act, 18 U.S.C. § 3161(h). The request must be accompanied by a proposed order that contains factual findings and relevant statutory citations, if any. LCR 46-1. APPEARANCE BONDS. Any person admitted to bail shall be required to execute an appearance bond in a form approved by the court. LCR 46-2. QUALIFICATION OF SURETY. Except for personal recognizance bonds and bonds secured by cash or negotiable bonds or notes of the United States as provided for in LCR 46-3, every bond must have as surety: (a) A corporation authorized by the United States Secretary of the Treasury to act as surety on official bonds under 31 U.S.C. §§ 9304 through 9306; or (b) 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 the State of Nevada, together with a certified copy of the power of attorney appointing the agent authorized to execute the bond; (c) One or more individuals each of whom owns real or personal property sufficient to justify the full amount of the suretyship; or (d) Such other security as the court shall order. LCR 46-3. 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: (a) Lawful money accompanied by an affidavit that identifies the legal owner thereof; or (b) 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. LCR 46-4. APPROVAL BY THE COURT. An appearance bond shall require the approval of a judicial officer. An approved appearance bond shall be immediately forwarded to the clerk for filing together with any money deposited with that judicial officer as security. LCR 46-5. 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. LCR 46-6. JUDGMENT AGAINST SURETIES. Regardless of what may be otherwise provided in any security instrument, every surety who provides a bond or other undertaking for filing with this court thereby submits to the jurisdiction of the court and irrevocably appoints the clerk as agent upon whom any paper affecting liability on the bond or undertaking 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. LCR 46-7. 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 may apply to the court for further or different security or for an order requiring personal sureties to justify. LCR 46-8. INVESTMENT OF FUNDS ON DEPOSIT. (a) Funds on deposit in the Registry Account of the court pursuant to 28 U.S.C. § 2041 will not be invested in the absence of an order by the court. All motions or stipulations for an order directing the clerk to invest Registry Account funds in an interest bearing account shall contain the following: (1) The name of the bank or financial institution where the funds are to be invested; (2) The type of account or instrument and the terms of investment where a timed instrument is involved; and (3) Language that either (A) Directs the clerk to deduct from income earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office; or (B) States affirmatively the investment is being made for the benefit of the United States and, therefore, no fee shall be charged. (b) Counsel obtaining an order under these rules shall cause a copy of the order to be served personally upon the clerk or the chief deputy and the financial deputy. A supervisory deputy clerk may accept service on behalf of the clerk, chief deputy or financial deputy in their absence. (c) The clerk shall take all reasonable steps to deposit funds into interest bearing accounts or instruments within, but not more than, fifteen (15) days after having been served with a copy of the order for such investment. (d) Any party who obtains an order directing investment of funds by the clerk shall, within fifteen (15) days after service of the order on the clerk, verify that the funds have been invested as ordered. (e) Failure of the party or parties to personally serve the clerk, the chief deputy and financial deputy, or in their absence a supervisory deputy clerk with a copy of the order, or failure to verify investment of the funds, shall release the clerk from any liability for the loss of earned interest on such funds. (f) It shall be the responsibility of counsel to notice the clerk regarding disposition of funds at maturity of a timed instrument. In the absence of such notice funds invested in a timed instrument subject to renewal will be reinvested for a like period of time at the prevailing interest rate. Funds invested in a timed instrument not subject to renewal will be re-deposited by the clerk into the Registry Account of the court which is a non-interest-bearing account. (g) Service of notice by counsel as required by LCR 46-8(f) shall be made as provided in LCR 46-8(b) not later than fifteen (15) days prior to maturity of the timed instrument. (h) Any change in terms or conditions of an investment shall be by court order only and counsel will be required to comply with LCR 46-8(a) and (b). LCR 46-9. EXONERATION OF BONDS. (a) Upon exoneration of any bond involving the deposit of cash bail funds in the court’s Registry Account, the clerk shall make refund of such funds solely to the person denominated legal owner at the time the funds were deposited with and received by the clerk. (b) No assignment of any deposited cash bail funds in the court’s Registry Account shall be effective for refund purposes by the clerk unless the person denominated legal owner of such fund at the time of deposit, as assignor, files with the clerk an executed, notarized acknowledgement of the assignment of any such funds. (c) Upon order of the court, the clerk shall apply any cash bail funds of which the defendant is legal owner of record, whether invested or on deposit in the Registry Account, to the payment and satisfaction of any court-imposed fine. Said payment shall take place before either making refund of the remainder of such cash bail funds, if any, to said defendant or to any extent honoring a defendant’s assignment of such funds. LCR 47-1. MOTIONS. All motions, unless made during a hearing or trial, shall be in writing and served on all other parties who have appeared. LCR 47-2. EX PARTE MOTIONS. (a) All ex parte motions, applications or requests shall contain a statement showing good cause why the matter was submitted to the court without notice to all parties; and (b) All ex parte matters shall state the efforts made to obtain a stipulation and why a stipulation was not obtained. LCR 47-3. EX PARTE COMMUNICATIONS. (a) No party nor counsel for any party shall make an ex parte communication with the court except as specifically permitted by these rules. (b) Any party, counsel or those acting in pro se, may submit and serve a letter to the court at the expiration of sixty (60) days after any matter has been, or should have been, submitted to the court for decision if the court has not entered its written ruling. LCR 47-4. IN CAMERA SUBMISSIONS AND SEALING OF DOCUMENTS. Papers submitted for in camera inspection shall have a captioned cover sheet complying with LCR 47-6 that indicates the document is being submitted in camera and shall be accompanied by an envelope large enough for the in camera papers to be sealed in without being folded.

Vegas Law