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Vegas Law

LCR 47-5. FORM OF PAPERS GENERALLY. (a) Any paper filed that does not conform to an applicable provision of these rules or any Federal Rule of Criminal Procedure may be stricken. (b) Papers presented for filing shall be flat, unfolded, firmly bound together at the top, pre-punched with two (2) holes, centered 2 3/4? apart, 1/2? to 5/8? from the top edge of the paper and on 8 1/2? x 11? paper. Except for exhibits, quotations, the caption, title of the court and the name of the case, lines of typewritten text shall be double-spaced, and except for the title page, shall begin at least 1 1/2? from the top of the page. All handwriting shall be legible, and all typewriting shall be of a size which is either not more than ten (10) characters per linear inch or not less than twelve (12) points for proportional spaced fonts or equivalent. All quotations longer than one (1) sentence shall be indented. All pages of each pleading or other paper filed with the court (exclusive of exhibits) shall be numbered consecutively. LCR 47-6. CAPTION, TITLE OF COURT AND NAME OF CASE. The following information shall be stated upon the first page of every paper presented for filing, single-spaced: (a) The name, address, telephone number, fax number and Nevada State Bar number, if any, of the attorney and any associated attorney filing the paper, whether such attorney appears for the plaintiff, defendant or other party, or the name, address and telephone number of a party appearing in pro se. This information shall be set forth in the space to the left of center of the page beginning at the top of the first page. The space to the right of center shall be reserved for the filing marks of the clerk. (b) The title of the court shall appear at the center of the first page at least one inch (1?) below the information required by subsection (a) of this rule, as follows: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA (c) The name of the action or proceeding shall appear below the title of the court, in the space to the left of center of the paper, i.e.: UNITED STATES OF AMERICA ) ) Plaintiff, ) ) vs. ) ) RICHARD ROE, ) ) Defendant. ) (d) In the space to the right of center, there shall be inserted the docket number which shall include a designation of the nature of the case (“CR” for criminal), the division of the court (“S” for Southern and “N” for Northern) and, except for the original pleading, the case number and the initials of the presiding district judge followed in parentheses by the initials of the magistrate judge if one has been assigned. This information shall be separated by dashes. For example: CR-N-95-115-HDM-(PHA). (e) Immediately below the caption and the docket number there shall be inserted the name of the paper and whenever there is more than one defendant a designation of the parties affected by it, e.g., Defendant Richard Roe’s Motion for Disclosure of Confidential Informant. LCR 47-7. LIMITATION ON LENGTH OF BRIEFS AND POINTS AND AUTHORITIES, AND REQUIREMENT FOR INDEX AND TABLE OF AUTHORITIES. Unless otherwise ordered by the court, pretrial and post-trial briefs and points and authorities in support of, or in response to, motions shall be limited to thirty (30) pages including the motion but excluding exhibits. Reply briefs and points and authorities shall be limited to twenty (20) pages, excluding exhibits. Where the court enters an order permitting a longer brief or points and authorities, the papers shall include an index and table of authorities. LCR 47-8. CITATIONS OF AUTHORITY. (a) References to an act of Congress shall include the United States Code citation, if available. When a federal regulation is cited, the Code of Federal Regulations title, section, page, and year shall be given. (b) When a Supreme Court decision is cited, the citation of the United States Reports shall be given. When a decision of a court of appeals, a district court, or other federal court has been reported in the Federal Reporter System, that citation shall be given. When a decision of a state appellate court has been reported in West’s National Reporter System, that citation shall be given. All citations shall include the specific page or pages upon which the pertinent language appears. LCR 47-9. FAILURE TO FILE POINTS AND AUTHORITIES. The failure of a moving party to file points and authorities in support of the motion shall constitute a consent to the denial of the motion. The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion. LCR 47-10. EXHIBITS. All exhibits attached to papers shall show the exhibit number at the bottom thereof. Exhibits need not be typewritten and may be copies, but must be clearly legible and not unnecessarily voluminous. Counsel must reduce oversized exhibits to 8 1/2? x 11? unless such reduction would destroy legibility or authenticity. An oversized exhibit that cannot be reduced shall be filed separately with a captioned cover sheet, identifying the exhibit and the document(s) to which it relates. LCR 47-11. PROOF OF SERVICE. (a) All papers required or permitted to be served shall, at the time they are presented for filing, be accompanied by written proof of service. The proof shall show the day and manner of service and may be by written acknowledgment of service or written certificate by the person who served the papers. The court will not take action on any papers until proof of service is filed. If an acknowledgment or certificate of service is attached to a paper presented for filing, it shall be attached underneath. (b) Failure to make the proof of service required by this rule does not affect the validity of the service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied. LCR 47-12. SUBMISSION OF MOTIONS TO THE COURT. After all motion papers are filed or the time period therefor has expired all motions shall be submitted by the clerk to the court for decision unless the party who made the motion files a written withdrawal of the motion. LCR 55-1. FILES AND EXHIBITS - CUSTODY AND WITHDRAWAL. (a) All files and records of the court shall remain in the custody of the clerk, and no record or paper belonging to the files of the court shall be taken from the custody of the clerk without written permission of the court and then only after a receipt has been signed by the person obtaining the record or paper. (b) The clerk shall mark and have safekeeping responsibility for all exhibits marked and identified at trial or hearing. Unless there is some special reason why the originals should be retained, the court may order exhibits to be returned to the party who offered the same upon the filing of true copies thereof in place of the originals. (c) Unless otherwise ordered by the court in a particular case, the clerk shall continue to have custody of the exhibits until the judgment has become final and the time for filing a notice of appeal and motion for a new trial has passed, or appeal proceedings have terminated, but in no event sooner than two (2) years after the mandate issues or the appeal is otherwise terminated. (d) Where no appeal is taken, after final judgment has been entered and the time for filing a notice of appeal and motion for a new trial has passed, or upon the filing of a stipulation waiving the right to appeal and to a new trial, any party may upon twenty (20) days’ prior written notice to all parties withdraw any exhibit originally produced by it unless some other party or person files prior notice with the clerk of a claim to the exhibit. If such a notice of claim is filed the clerk shall not deliver the exhibit except with the written consent of both the party who produced it and the claimant or until the court has determined the person entitled thereto. (e) If exhibits are not withdrawn within twenty (20) days after notice by the clerk to the parties to claim the same the clerk shall, upon order of the court, destroy or make other disposition as the court may direct of any such exhibits. Part V - Local Rules of Special Proceedings and Appeals LSR 1-1. MOTIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS; APPLICATION: STANDARD FORM.

Vegas Law




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